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CAS-09_CARLSON, GARY AND MAUREENPlanning Commission Meeting —March 15, 2005 do, so I've made, taken out permits. I've had two building inspectors and a fire inspector. All my apartments are licensed. Meet building codes and this addition was put on with you know full plans they looked at. Slagle: Sure, I'm with you but let me ask you this. Are you okay with making the lower dwelling an integral part of the house? Gary Carlson: The 6 conditions are. Slagle: It's on page 5. The reason I'm asking Mr. Carlson is because, because I think if I sense there's an agreement, we probably could speed this up a bit. Gary Carlson: Sure. If possible, a couple of the conditions are interesting because see again, planning and zoning through, or through the planning department is doing this variance. It's separate from the building inspection which they have certain concerns and that's where the recommendations, the 5 or 6. The conditions apply. Now some of them are, I was going to quickly go through them, if you want me to. Lower, let's look at that plan of the building again. I mean, and the staff knows I've worked with them all that I can. I'm trying to stay within the building codes, within the zones but you know, I only have... Slagle: Let me be more specific. Gary Carlson: It's hard to put the basement, like the basement for instance into an integral part of the home. If I were to open the basement into the rest of the home, it would open into my other apartment. So why would the other apartment want to go into this basement under Molly? The only other way to make it an integral part of the house is to drop a door out of Molly's addition. Molly's, it's just a basement under Molly's addition. It's very easy to take a stove out of it so we can do that. This was built in ... lived in that for a couple of years because I was able to keep him at home, so I had my dad, had my daughter and above her an aide. Every one of you folks should be very fortunate to be able to have a building like I have to be able to take care of your in-laws and out -laws and so forth. It's something that's worked out since 90, since the building was completed. The only thing we're trying to do here, and I just bring it a little closer to, the city can't you know it's hard for them, the staff to work with this one, I'm out of lot variance. I'm out of code, so I brought a lot of the building parts up to code and because a couple other points here. You know I've already, when I took out the permit for finishing the basement they came out and approved a final but then they printed, it's called printing. It's on my paperwork. They print the permit but not issued. So you have a permit. You pay for it. You can go and do the work but they are still concerned whether they're actually going to issue it. So the building department said no, we can't issue it because you're out of code with the RSI. You know you've got a 2 family dwelling here so we can't issue a building permit for you to build it when you're not even in so, and we go back to the process of what we're doing tonight is get it closer to code. But that's. Sacchet: Yeah, I think Commissioner Slagle had a very good, Mr. Carlson. Gary Carlson: Most of these conditions. 9 1 Planning Commission Meeting — March 15, 2005 Sacchet: Yeah, that's very important. How do you feel about, like the first one. To eliminate the separateness of the lower level. Gary Carlson: Yeah, we could take out a stove. That's something that we can do. Slagle: Okay, we've got that. Gary Carlson: Okay the next one. That's perfectly fine, number 2. Number 3, those are pretty much, will have to go over the building inspection but mine all show they're not final on all. Now if they, the proposed, the number for the proposed building must be constructed in accordance with the Minnesota State Building Code. Slagle: I'm sure that's okay then. Staff? Gary Carlson: I'm sure of that because I built it according to most codes... Metzer: Steve in the building department will work with him on that. Gary Carlson: I mean if they rezone me, reclassify me as an apartment building. Sacchet: Well we're not doing that. Gary Carlson: There's some more codes there. Sacchet: We're not doing that Mr. Carlson. Don't worry about that. Gary Carlson: The rental license I already have, and I'll be glad to just add this unit that's above Molly to the license and when they come out for their annual review. Now they have an annual review of apartment licenses and they've already been through and look at but they can certainly come and look at it again. The applicant, property owner must obtain permits for accessory structures constructed without, I'm not, I guess I can throw that up as something here. And being on a farm, there's 8 of them illustrated on there now. There's one more right ... that's a play house for my grand daughter. There's a structure there that has the hay in it. Slagle: I just want to know who put point 6. Gary Carlson: ...there's another construction there... Lillehaug: Mr. Carlson, I have a real specific question and hopefully. Gary Carlson: I hope I'm not, I'm not making light of this but it is a farm and I have structures coming down, going up. As soon as that hay one blows down, it won't go back up. Lillehaug: I need to understand. 39 �• Lause. If within one (1) year of the issuance of this variance the allowed lion has not been substantially completed, this variance shall lapse. Dated: March 15, 2005 (SEAL) STATE OFI•IINNFSOTA ) COUNTY OF CARVER ss C'TY OF CHANHASSEN M A. Furlong, Gerhardt, City Manager The foregoing instrument was acknowledged before me this a4vday of 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Man a Minnesota municipal corporation, on ager, of the City of Chanhassen, behalf of the corporation and pursuant to authority granted by its City Council. DRAFTEDBY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 V3 KAREN J. ENGELHA"T Notary Public-Mlnneaota VV My C)mmiaelon Expires Jan 31, 2010 9*nn�2005 planning caus\05-09 carlson vMance4xordiug document.doc 2 a Document No. ru411279 WAi OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee $ 19 50 Check# 140 Certified Recorded on 04-06-2005 at 2005-04-06 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MMNESOTA VARIANCE 05-09 01:30 ed M Carl Wr. Count 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves the variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West Wd Street based on the findings of fact in the staff report with conditions. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 6, Schmid's Acre Tracts, 3891 West 62nd Street 3. Conditions. The variance approval is subject to the following conditions: The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. Carlson Variance Planning Case 1105-09 March 15, 2005 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of Church Road at 3891 West Wd Street. Access to the site is gained via West 62"d Street. APPLICABLE REGUATIONS Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Dwelling unit means one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. BACKGROUND In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of the home, existing in 1988, were and still are considered legal non -conforming. A legal non -conforming use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did comply with applicable ordinance requirements at the time the use was established. Permits to construct an addition on the north end of the home were obtained in 1996 & 1997 and were given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the City could not determine that two additional dwelling units were being established. Subsequently, both levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as separate dwelling units. The improvements made after 1999 were done without permits. A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied. This lower level of the addition is completely separate from the rest of the home. It has its own entryway and cannot access the rest of the house from inside. The two other dwelling units are those which have a legal non -conforming status. Chomas J. Campbell Koger N. Knutson Chomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Marguerite M. McCarron Gina M. Brandt • Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association May 11, 2005 GFIVED Ms. Kim Meuwissen MAY 13 2005 City of Chanhassen GITY OF CHANHASSEN 7700 Market Boulevard P. O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: Enclosed herewith for your files are the following recorded documents: 1. Variance No. 04-39 recorded with the Carver County Recorder on April 11, 2005, as Document No. A 411622; 2. Variance No. 05-09 recorded on April 6, 2005, as Document No. A 411279; and 3. Wetland Alteration Permit #2005-7, recorded April 6, 2005, as Document No. A 411278. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Pr onM By: Legal Assistant SCANNED • 10 Document No. OFFICE OF THE A 411279 COUNTY RECORDER IIIIIIIIIIIIIIIIII�IIIIIIIIII�IIIIIIIIII CARVER COUNTY, ecnk# NE40 1A Certified Recorded on 04-06-2005 at 0130 ❑AtOM 2005-04-06 III IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII� County n er r. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NUNNFSOTA VARIANCE 05-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves the variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact in the staff report with conditions. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 6, Schmid's Acre Tracts, 3891 West 62°d Street 3. Conditions. The variance approval is subject to the following conditions: 1. The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 15, 2005 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN A. Furlong, 1W \ Gerhardt, City Manager The foregoing instrument was acknowledged before me this eday of 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. �' ` 1)�KI AREN J. ENGELHARDT Notary Public-MinnesotaMy ConaNealon EXPWW Jan 31,201 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 gAplan\2005 planning cases105-09 Carlson varimmVecording docum t.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District — Planning Case No. 05-09. On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Schmid's Acre Tracts. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. There is a demonstrated need based upon disability, age or financial. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. 5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer, et al, is incorporated herein. SCANNED ACTION The Chanhassen Planning Commission approves the Variance to allow for use of a single- family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. ADOPTED by the Chanhassen Planning Commission on this 15t6 day of March, 2005. CHANHASSEN PLANNING COMMISSION BY: �� Planning Commission Chairperson g:\plan\2005 planning case5\05-09 carlson variance\ftndings of fact.doc CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN Payee: GARY CARLSON Date: 04/15/2005 Receipt Number: DW Clerk: DANIELLE GIS 05-09 ITEM REFERENCE -------------------- GIS GIS 05-09 GIS LIST Total: Check 15721 • MN 55317 Time: 2:17pm / 6049 AMOUNT ------------------ 54.00 --------------- 54.00 54.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! • SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 qff OF (952) 227-1100 CHMM To: Gary & Maureen Carlson 3891 West 62nd Street Excelsior, MN 55331 Invoice SALESPERSON DATE Nll."- r, TERMS KTM 3/3/05 "'E TLL fi i upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 3891 West 62nd Street '(18labels) $3.00 $54.00 ('s � mpq '" OTAL DUE $54.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-09. If y ve questions concerning this invoice, call: (952)-227-1107. `3 THANK YOU FOR YOUR BUSINESS! gAplan\2005 planning cases\05-09 Carlson variance\05-09 invoice-gisAm SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: Gary & Maureen Carlson 3891 West 60d Street Excelsior, MN 55331 Ship To: Invoice SALESPERSON I DATE TERMS KTM 3/3/05 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 3891 West 62n° Street (18 labels) $3.00 $54.00 sa 3a TOTAL DUE $54.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-09. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplan\2005 planning cases\05-09 =Lson varimm\05-09 invoice-gisAm `AL City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 MyOF (952) 227-1100 SER To: Gary & Maureen Carlson 3891 West 62nd Street Excelsior, MN 55331 Ship To: Invoice SALESPERSON DATE TERMS KTM 3/3/05 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 18 Property Owners List within 500' of 3891 West 62nd Street (18 labels) $3.00 $54.00 TOTAL DUE $54.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-09. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! gAplan\2005 planning cases\05-09 carison variance\05-09 invoice-gisAm Public Hearing Notification Area (500 feet) Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd St. Subject Property f ne ° ake�VJnia a P' wood C°2 j fib° � Q 4 l 4 � ' i I m Lake Minnewasht eshnew , 01 3 a e Cm m ^ r� c e frve m ! GI8(10818 i a C� JEFFREY R BERGE & DENISE E ZOELLMER 3856 MEADOW LN EXCELSIOR MN 55331 GARY CARLSON 3891 62ND ST W EXCELSIOR MN LAUREANA VOUNG BOUALOUANG 3884 MEADOW LN EXCELSIOR MN 55331 MEGAN J CARLSON C/O GARY & MAUREEN CARLSON 55331 3891 62ND ST W EXCELSIOR MN 55331 DAVID C & LISA A GAUPP 3870 MEADOW LN EXCELSIOR MN 55331 MARK F MACPHERSON 6301 CARTWAY LN EXCELSIOR MN 55331 RALPH A & SHIRLEY A NELSON 3800 MEADOW LN EXCELSIOR MN 55331 JEFFREY F JEWISON & LISA J WECKWERTH 3842 MEADOW CT EXCELSIOR MN 55331 WILLIAM J & KART L MCREAVY 3790 MEADOW LN EXCELSIOR MN 55331 ROBIN S O'MEARA 3814 MEADOW CT EXCELSIOR MN 55331 BRIAN R CARLSON 3828 MEADOW CT EXCELSIOR MN 55331 DALE H COLLINS 10758 130TH ST EXCELSIOR MN 55331 DALE E & LINDA J KEEHL 3841 62ND ST W EXCELSIOR MN 55331 PATRICK L & BONNIE C MONAHAN 3801 MEADOW LN EXCELSIOR MN 55331 KATHY A SCHURDEVIN 3921 ASTER TRL EXCELSIOR MN 55331 CITY OF SHOREWOOD PETER ALEXANDER THOMSON & TERRANCE LANE TOLL 5755 COUNTRY CLUB RD CYNTHIA L GESS 6250 CARTWAY LN EXCELSIOR MN 55331 4001 ASTER TRL EXCELSIOR MN 55331 EXCELSIOR MN 55331 CITY OF CHONSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227, 1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227,1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park 6 Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.227.1404 Planning It Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.d.chanhassennn.us March 21, 2005 Gary & Maureen Carlson 3891 West 62nd Street Excelsior, MN 55331 Re: Variance, 3891 West 62nd Street —Planning Case #05-09 Dear Mr. & Mrs. Carlson: This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning Commission approved the following: A variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact in the staff report with the following conditions: The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. If you have any questions or need additional information, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, Is h Metzer anner I gAplan12005 planning c m\05-09 Carlson variaaceUerter of approval.doc SCANNED. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. I 1J O5-0� CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 3/30/05 Debbie Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 12/13/04 04-39 Variance 04-39 Wilder 1 1217/04 04-42 Variance 04-42 Berland 1 1/24/05 05-03 Conditional Use Permit 05-03 Wal reens 1 2/28/05 05-07 Wetland Alteration Permit 05-07 Carver County) 1 3/15/05 05-09 Variance 05-09 Carlson 1 3/28/05 Grant of Nonexclusive Permanent Easement (Sinclair Oil Corporation) THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO: ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: Kim Meu ' sen, 2)227-1107 N enclosures are not as noted, kindly notify us of once. SCANNED L CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNFSOTA VARIANCE 05-09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Planning Commission approves the variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West 62°d Street based on the findings of fact in the staff report with conditions. 2. Property. The variance is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 6, Schmid's Acre Tracts, 3891 West 62°d Street 3. Conditions. The variance approval is subject to the following conditions: 1. The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. 0 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 15, 2005 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN M A. Furlong, Gerhardt, City Manager The foregoing instrument was acknowledged before me this 4uday of 2005 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KAREN J. ENGELHARDT 'Notary Public -Minnesota My com ftmw Et Iran Jan 31, 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 9:\Plan\2005 planning cases\05-09 Carlson varimce4ecording dmum tdm • r l,s-0'1 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING Laurie A. Hartmann, being y dut sworn, on oath says that she is the publisher or the authorized PLANNING CASE NO. 05-09 y NOTICE IS HEREBY GIVEN that agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- the Chanhassen Planning lager and has full knowledge of the facts herein stated as follows: Commission will hold a public hearing on Tuesday, March 15, 2005. (A) These newspapers have complied with the requirements constituting qualification as a legal at 7:00 p.m. in the Council Chambers newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as in Chanhassen City Hall, 7700 Market amended. Blvd. The purpose of this hearing is to consider a request for an after -the- (/ n factvariancetoagowforuseofa single- (B) The printed public notice that is attached to this Affidavit and identified as No. / family dwelling as a two-family was published on the date or dates and in the newspaper stated in the attached Notice and said dwelling in Single -Family Residential Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of (RSF) District located at 3891 West 82- the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Street Applicant: Gary and Maureen inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Carlson. and publication of the Notice: A plan showing the location of the proposal is available for public review abcdefghijklmnopgrsmvwxyz at City Hall during regular business hours. All interested persons are invited to attend this public hearingandexpresstheirophuonswithrespectJ"LOLto this proposal. Josh Metzer, Laurie A. Hartmann Planned Email: imetzerAci chanhassen mn us Subscribed and swom before me on Phone: 952-227- 1132 (Published in the Chanhassen ZQ Villager on Thursday, March 3, 2005; z No. 4370) this �J day of �— 2005 G1NEN IA RADUQ4Z N111W MIIC -MNMW, kyCID i fgisJa31,@010 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ............................................... $11.18 per column inch SCANNED Subject Property L Lake Min CITY 0 CIIAMSSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us This map is neither a legally recorded map nor a survey and is not imanded to be used as one. This map is a compilation of records, informalion and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City roes rot warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tradbng or any titer purpose requinng ewacting measurement of distance or dimclion or famesion in the depiction of geographic features H errors or dsempanaes are found please contact 952-227-1107. The preceding discia nia is provided pursuant to Minnesota Statutes §466 03, Subd. 21 (2000), and the user of this map acknowledges that me City shall not be helps for any damages, and erpresdy waives all clans, and agrees to defend. indertnily, and hold harmless the Gty from any and all dams brought by User, its employees or agents, or third pauses which arise out of the users access or use of data provided. 55317 q 0147 NIXIE S53 1 06 03/OS/OS RNOUSUCHOSTREETR UNABLE TO FORWARD BC: SS317014747 Iir1376-06721-03-41 i t i t i t l l l i I I I i i t I I I i i i t t t i i i t t l t l f l i l i l l i i f t t i l i f t i i l l t i t i i t I Q()Oec4ed aric( rernaJed can 31-7 los DALE H COLLINS 10758 130TH ST -EXCEL3t0"N 553SI (�kncoe ss33cm 6Ili lrlit ffnfffiitflfiiifi14ifjIfif11filit IftIII fttiliiflii NSS _ _ _•�1? 7'777 Notice of Public Hearing 0 Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact variance to allow for use of a Proposal: single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District Planning File: 05-09 Applicant: Gary and Maureen Carlson Property 3891 West 62"d Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the project. 2. The applicant will present plansftdject. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses theproject. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952.227-1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide j copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. 4�ity Review Procedure: PSubdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in waiting. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/rapresentative is encouraged tc provide a co act for the city Often developers are encouraged to meet with, the neighborhood regarding their proposal. Ste% Is also available to review the project with any interested person(s). • Because the Planning Commission holds the piblic hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. • • °5-09 Planning Commission Meeting — March 15, 2005 20. The applicant will be required to clean the existing stormwater pond after enlargements have been completed. 21. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10-year, 24-hour storm event. 22. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds and drainage swales up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 23. Staff is recommending that a small (1'-3') retaining wall be installed along the western right- of-way of Fox Drive south of the site. This will alleviate the steep slopes in the area and provide room for a boulevard area in back of the curb for snow storage. 24. A minimum 20-foot wide easement will be required over the watermain that is outside of the right-of-way. 25. The developer shall pay full park dedication fees." All voted in favor and the motion carried unanimously with a vote of 6 to 0. Sacchet: Motion carries 6 to none. Good luck with this. Thanks again to all the residents for your input. This will go as a recommendation to City Council. City Council will look at it on April I Vh. I don't know whether they will take further comments from residents or not. That's up to their discretion, but you certainly can follow it through that way. I don't think we need to summarize for council. I think it's pretty clear with the comments we made and amendments so do we want to take a 5 minute recess before we continue? Let's take 5 minutes. (The Planning Commission took a short recess at this point in the meeting.) PUBLIC HEARING: REQUEST FOR AN AFTER THE FACT VARIANCE TO ALLOW THE USE OF A APPLICANT GARY AND MAUREEN CARLSON, PLANNING CASE 05-09. Josh Metzer presented the staff report on this item. Sacchet: Questions from staff. Jerry. McDonald: I have a question that concerns property. Seem to remember from 2 weeks ago, isn't there a plan that at one point this becomes one of the outlet properties to put a street through to get up to West 62" a Street? AI -Jaffa If at the time this property comes in for development, we will definitely research that. I apologize, I don't have. 31 Planning Commission Meeting —March 15, 2005 McDonald: You don't understand? A]-Jaff: No, I know exactly what you're talking about. You did review the subdivision immediately north of Highway 7. I don't recall the exactly layout for future development of the Carlson's property. McDonald: Okay it was one of my, I think understanding there that that was going to be near term development as far as that property and everything because I know we talked extensively about those 3 lots that face onto County Lane and there was a lot of discussion about that road and you know the fact that it would be going away at some point. I'm just trying to put this in a fi-ame of reference. That's fine, you answered the question. The next one I've got is, and this is a question to staff and as far as finding a variance, do we have to find for all 5 of these or is it any one to grant. I'm on page, it looks like 6. No, page 6. It's not labeled 6... and it's actually the only place I could find anything about what you have to demonstrate to get a variance. Sacchet: The findings of fact? McDonald: Findings of fact. It lists, in order to grant a variance there's 5 factors there and my question is, do we have to find them for all 5 of them or will any one of them do to grant a variance? Sacchet: Basically you need them all. Al-Jaff: You need them all. Metzer: And I believe there's 4 of them. Al-Jaff: Under number 4. A through D. McDonald: Okay. Thank you. Sacchet: Alright. Any questions from staff? Larson: Yes. Sacchet: Go ahead Debbie. Larson: I read some conflicting things, and maybe this could be just clarified. It sounded like they're trying to get 3 units but there's 5 units or 5 kitchens. Which is it? I'm confused asto what. Metzer: There is the main dwelling unit which the applicant occupies. There are 2 separate rental units that have existed since before current code, which are grandfathered in. Larson: Okay, so there's 3. 32 Planning Commission Meeting— March 15, 2005 Metzer: There's 3 there. This new addition that was made. Larson: There's 2 more. Metzer: There's 3 levels. The main level, the applicant's daughter occupies as part of the main dwelling unit that the applicant occupies. The upper and lower are separate. Considered separate. They have separate cooking, eating, sleeping, sanitary facilities. Larson: So we have 5 units in one building? Or is it 2 buildings? Metzer: Right, where this variance is for to allow the upper level dwelling unit of the new addition to be granted. Larson: Okay. So the old dwelling doesn't matter? Metzer: Right. That's grandfathered in. Larson: Okay, that's all I need. Yeah. Keefe: And I just have a quick question. How do we, if we grant a variance on this, it says one of the conditions, shall not be rented to a non -family member other than a live in. How do we, is that enforceable in any way or what do we do? Metzer: Well because. Keefe: Why do we put that in? Metzer: Part of the basis for recommending approval of this is a need for a second dwelling unit based on disability. If the person not living in that dwelling unit, the purpose for this dwelling unit is for the care of the applicant's daughter. If that personal care attendant isn't the one living there, then there should be no need for the second dwelling unit. Keefe: So we're just putting it in as if we're going to grant the ... the only way that the variance can be approved is if...specific use. Okay. Larson: Okay, one more question now that you've brought that up. If the property's sold, do you have a rental property with 5 units? Amongst a neighborhood of single family houses. No? Al -Jaffa No. The two existing rental properties, they're grandfathered in. Larson: Correct. AI-Jaff: Those run with the property but they won't remain in that. As far as the 3 remaining or. Larson: The 2 remaining. 33 0 Planning Commission Meeting — March 15, 2005 AI-Jaff: The 2 remaining units, those would, for as long as the applicant is living there, and the family members, that variance would carry. If they're not the ones in those units then. Larson: Does it revert back then or how does it? Keefe: The variance expires or how does that? Al-Jaff: ...technically it would expire. Keefe: Okay. Larson: So then the new people wouldn't be able to go in and rent that out, you know say hey. I'm buying a duplex here and I can live in half and rent out the other half, or whatever. So it can only. Al-Jaff: We're talking about the new units? Larson: Correct. The 2. The upstairs/downstairs, right? Al-Jaff: The upstairs/downstairs. Well they will no longer be rental. They will be rental as far as the family member that's the care giver. Larson: Right, I understand that. Al-Jaff: Specifically for that purpose. If that is no longer, let's assume that they choose to move or sell. Larson: Right. Sacchet: Then it doesn't apply. AI-Jaff: They lose that. Larson: Alright. Sacchet: Well technically. Larson: So parents and child could still live separately in a house. Keefe: This is, I'm knowledgeable in regards to some of these things. Why wouldn't we go, what's the difference between a variance in this case and a conditional use permit? In regards to that. Why wouldn't we grant a conditional use on something like that? Because that is we can stipulate time frames better on conditional use, could we not? Sacchet: Or the conditions of the use, yeah. 34 i Planning Commission Meeting — March 15, 2005 Keefe: I'm curious to know, or does it matter? Just gone with the variance in this. Al -Jaffa It's always been done through the variance process and it's something that we could investigate should you direct us to. Sacchet: Okay. Any comments Steve from your end? Lillehaug: Yes. Do you have a map of the site that you can put up and actually point to where the, where all the units are. I mean are the 3 in the main. Metzer: Maybe Gary you should help me with this. Lillehaug: And I can ask the applicant too. Is it the separate building to the west where those two? Metzer: The new addition is this area here. And... Sacchet: We can ask the applicant. Lillehaug: No other questions. Sacchet: Just to be really clear, because it was a little confusing to me. I think I do understand but I want to make real sure. Currently there are 5 units on this property. Two I would think are in a separate building the way I understand it, that are the grandfathered in, that can be rented because they have been renting and that's the way it was before we came up with our zoning framework. Then we have the main building, which was one unit so far. It was expanded and now it's technically considered 3 units. We're saying that we're granting potentially what's in front of us to make recommendation about or a decision in this case, that we would allow 2 units, one for the caretaker. The other one for the family. What happens with the third one? Metzer: It would have to either be made, as it is right now, as far as what we have for information at the city, is it's completely separated. You cannot access the main dwelling unit from inside. It has a separate entrance. Separate cooking facilities. So it either has to be totally taken out or it has to be made, in the staff report it says integral part of the main. Sacchet: Define integral part. Put a door in? Metzer: It would have to use the same main entrance. I believe the cooking facilities would have to be removed. Sacchet: So there would have to be some removal not, just making a door connection would not be enough. Metzer: Right. 35 Planning Commission Meeting — March 15, 2005 Sacchet: And there has been discussion between city staff and the applicant to understand what that means? Metzer: The building official. Sacchet: We can address the applicant about that too, thank you. That's my only question. With that, I'd like to invite the applicant to come forward and tell us what you want to tell us about this. Gary Carlson: Good evening fellow citizens and members of the Planning Commission. My name is Gary Carlson and I live in the main section of the residence at 3891 West 62°d Street. It's, I can go into a really long detail or I can keep it. Sacchet: We'll take the condensed version, if you don't grind. Gary Carlson: There's no other property like this in the seven county area until you go into the City of Minneapolis. We got zoned into an RI district and it should remain an RI, and the city basically has it's zoning ordinances to work with. I've been on this hobby farm for the last 30 plus years. It was the original Cathcart home and so it has some things in it that would never be allowed in the Rl district. It does have some things that are different than a normal residential lot because we're on about 4 acres. And I'm in the comer of the city. I have 2 neighbors and I don't think they're here tonight. And you know the city doesn't have any letters of any complaints of my residence being there all these years. An addition was started in '96. You know I took out permits and actually as we got into the addition, my daughter's here tonight, the one who we put the addition on for. Why didn't the attendant just live in one of my other apartments? Good question. That was probably never even brought up but you've got to start there because I already had apartments in this building. She needed an expanded one level, we changed the dimensions of her bathroom, even during construction. And she can't have any stairways out. I mean I'll bring that up later and that will show why couldn't connect her room to the lower level that's underneath here, so I live on the main level. Molly's addition went straight out from the main level. And it gives you a huge handicap bathroom, and her separate bedroom, computer room and a large play area to run, living area to run around in. What do you do with the second floor over that? It's entrance is right at her bedroom so that was occupied by, always been her aide and right now it's a family, one of her sisters and their family. They live above Molly in that addition. As part of the addition of the second floor. The basement level, what do you do with that? Molly can't use the basement. I don't need any more space. I can't connect it. McDonald: Excuse me, can I interrupt you just a second? Gary Carlson: It's a very involved home. I've had the best realtors in the area trying to find me the similar situation because we could have... McDonald: Okay, as you're explaining this, my question is, can you go through this with the drawings to kind of put this... 36 Planning Commission Meeting — March 15, 2005 Gary Carlson: ...the drawings, sure. McDonald: Because I'm having trouble discerning upper level, lower levels and everything like that and if you could just kind of refer to those. Gary Carlson: Well the whole print of the homes aren't in the packet. Just the addition. McDonald: Okay, that's all I really care about is the addition right now. Gary Carlson: Is that right there for projection? Sacchet: Yep. Gary Carlson: Let's move to the main level, which is on the back of that page there. This is Molly's floor. Move that down a little bit. And so where the existing kitchen, existing bedroom, that's where she's serviced for eating and our bedroom, and then a whole addition out from that is her's. And he had to have a handicap entrance put on. That was, I think I made 3 alterations to the original building permit. Because, put yourself in my shoes and I'd be glad to be in your shoes. Any time a parent, a child, can come back home, or can, and so you make a provision for that. Well, geez dad, it's working out great and how do you like the basement, or how do you like the second floor of our home? Fine. Do you need a stove? We put in a stove. I mean let's put a stove, and there's already, or it can happen to any of us. We need to have some flexibility in our homes. We have children that can come back sometimes bringing what parents my age call baggage. Or due to injury or anything, and so in Molly's case I had to adapt and develop this addition as she grew and as we saw her capabilities. We did the addition, put the second floor above it. This was all done in, starting in '95 with plans. '96 was the first permit issue. '97 we changed it. '98 we changed it again. '99 it was completed with all of the, you know by the building inspector. Slagle: Mr. Carlson, if I can ask. If I may. Gary Carlson: ...call me into a halt and, but I just. Slagle: I'm looking for the cliff notes if I may but specifically, you've had a chance to look at the recommendations from the staff. Are there any of those recommendations that you're not willing to adhere to? Gary Carlson: No, I am, in all of the, in all of the people that live in our building are very appreciative of the City of Chanhassen. We love being here, and the staff is doing, the city staff is doing what they are available and what they can do. They only have zoning ordinances and building codes to work with. Slagle: Okay so let me. Gary Carlson: Come up against a building such as mine, they were a little bit, well you're out of code. Okay, this is what we can do to get you in code. You're out of violation. This is what we 37 0 Planning Commission Meeting — March 15, 2005 do, so I've made, taken out permits. I've had two building inspectors and a fire inspector. All my apartments are licensed. Meet building codes and this addition was put on with you know full plans they looked at. Slagle: Sure, I'm with you but let me ask you this. Are you okay with making the lower dwelling an integral part of the house? Gary Carlson: The 6 conditions are. Slagle: It's on page 5. The reason I'm asking Mr. Carlson is because, because I think if I sense there's an agreement, we probably could speed this up a bit. Gary Carlson: Sure. If possible, a couple of the conditions are interesting because see again, planning and zoning through, or through the planning department is doing this variance. It's separate from the building inspection which they have certain concerns and that's where the recommendations, the 5 or 6. The conditions apply. Now some of them are, I was going to quickly go through them, if you want me to. Lower, let's look at that plan of the building again. I mean, and the staff knows I've worked with them all that I can. I'm trying to stay within the building codes, within the zones but you know, I only have... Slagle: Let me be more specific. Gary Carlson: It's hard to put the basement, like the basement for instance into an integral part of the home. If I were to open the basement into the rest of the home, it would open into my other apartment. So why would the other apartment want to go into this basement under Molly? The only other way to make it an integral part of the house is to drop a door out of Molly's addition. Molly's, it's just a basement under Molly's addition. It's very easy to take a stove out of it so we can do that. This was built in ... lived in that for a couple of years because I was able to keep hire at home, so I had my dad, had my daughter and above her an aide. Every one of you folks should be very fortunate to be able to have a building like I have to be able to take care of your in-laws and out -laws and so forth. It's something that's worked out since 90, since the building was completed. The only thing we're trying to do here, and I just bring it a little closer to, the city can't you know it's bard for them, the staff to work with this one, I'm out of lot variance. I'm out of code, so I brought a lot of the building parts up to code and because a couple other points here. You know I've already, when I took out the permit for finishing the basement they came out and approved a final but then they printed, it's called printing. It's on my paperwork. They print the permit but not issued. So you have a permit. You pay for it. You can go and do the work but they are still concerned whether they're actually going to issue it. So the building department said no, we can't issue it because you're out of code with the RS 1. You know you've got a 2 family dwelling here so we can't issue a building permit for you to build it when you're not even in so, and we go back to the process of what we're doing tonight is get it closer to code. But that's. Sacchet: Yeah, I think Commissioner Slagle had a very good, Mr. Carlson. Gary Carlson: Most of these conditions. 38 = E Planning Commission Meeting — March 15, 2005 • Sacchet: Yeah, that's very important. How do you feel about, like the first one. To eliminate the separateness of the lower level. Gary Carlson: Yeah, we could take out a stove. That's something that we can do. Slagle: Okay, we've got that. Gary Carlson: Okay the next one. That's perfectly fine, number 2. Number 3, those are pretty much, will have to go over the building inspection but mine all show they're not final on all. Now if they, the proposed, the number for the proposed building must be constructed in accordance with the Minnesota State Building Code. Slagle: I'm sure that's okay then. Staff? Gary Carlson: I'm sure of that because I built it according to most codes... Metzer: Steve in the building department will work with him on that. Gary Carlson: I mean if they rezone me, reclassify me as an apartment building. Sacchet: Well we're not doing that. Gary Carlson: There's some more codes there. Sacchet: We're not doing that Mr. Carlson. Don't worry about that. Gary Carlson: The rental license I already have, and I'll be glad to just add this unit that's above Molly to the license and when they come out for their annual review. Now they have an annual review of apartment licenses and they've already been through and look at but they can certainly come and look at it again. The applicant, property owner must obtain permits for accessory structures constructed without, I'm not, I guess I can throw that up as something here. And being on a farm, there's 8 of them illustrated on there now. There's one more right ... that's a play house for my grand daughter. There's a structure there that has the hay in it. Slagle: I just want to know who put point 6. Gary Carlson: ...there's another construction there... Lillehaug: Mr. Carlson, I have a real specific question and hopefully. Gary Carlson: I hope I'm not, I'm not making light of this but it is a farm and I have structures coming down, going up. As soon as that hay one blows down, it won't go back up. Lillehaug: I need to understand. 39 • A Planning Commission Meeting —March 15, 2005 Gary Carlson: If they need me to get a building permit for all those 8 little things, I don't know what. Slagle: Mr. Carlson, I think you have a fair amount of support here and the quicker we can get through this I think the better. Gary Carlson: You ready for Molly's statement? Sacchet: Sure. Gary Carlson: I'll be available for helping. Sacchet: Yeah, appreciate your input. So basically you're, you don't have an issue with the conditions. To be summary. I mean. Gary Carlson: No. I see some day development going on this and like I said, the best of realtors in the 5 county area looking to find me a similar structure with the same, my family does not want to move out of Chanhassen. Sacchet: Nobody says you have to move Mr. Carlson. We're trying to find the balance that accommodates what you need to do and we're trying to work together here. That's really what it boils down to, okay. Gary Carlson: Yep. Molly, my wife Maureen and Molly has a statement that she'll make. guess she can get to that mic there. Sacchet: Do you want to use this mic? Might be a little better in terms of the height for her. Do you want to hold it for her or is it going to work like that? Okay. Molly Carlson: My name is Molly Carlson. My address is 3891 West 62"d Street in Chanhassen. Council members, please pass this variance for me. Thank you. If you've got any more questions, ask my dad please. Sacchet: Thank you Molly. Appreciate -it. Well, this is a public hearing so I'd like to invite anybody else who likes to make a statement to this, to come forward at this time. Yes, we have somebody there if you want to, yeah you're coming up there. Okay. If you want to state your name and your address, you can move the microphone down to you a little bit. Margaret Carlson: My name is Margaret Carlson and I am a sister and... This is not a sad occasion but emotional... Sacchet: I understand. I'm with you. Margaret Carlson: I provide what I guess you would call it, I'm kind of an on call services trained for Molly and due to her physical condition limitations she needs to have immediate access for whatever rotations and massaging she may need due to muscle cramping during the 40 0 Planning Commission Meeting — March 15, 2005 night and, and that's part of my responsibility when she needs that. In continuing strength as she ages and just having a safe and secure dwelling place for whoever provides that services is an integral part of her well being and obviously I fully support this variance, thank you. Sacchet: Thank you for your comment. Appreciate it. Anybody else wants to address this. Seeing nobody, I'll close the public hearing. Bring it back to the commission for comments and discussion. Is there any comments? Any discussion? Keefe: In full support of it. Sacchet: Steve? Lillehaug: I do have a comment. Sacchet: Go ahead. Lillehaug: Yes, yes it is grandfathered in that there's 2 other dwellings that are being rented in this house, but a variance there's always a trade off. I absolutely support this addition, or the variance for this addition but the trade off to me would be taking away the non -conforming rental units. The legal non -conforming rental units, so for me to support the variance there would have to be a trade off, and that's what it would take in my mind. This is comparable. Mr. Carlson's right. There is no other property in Chanhassen like this where we, in the RI District and residential district that we allow 5 rental units on the property, or 5 separate units, and simply put there has to be a trade off on this for me to support it. Sacchet: Okay. Good comment. Any response to that Jerry? Or other comment. McDonald: Yeah, the one thing he brings up I guess, as I understand it this is strictly for family. I guess maybe a conditional use might cover that but I think we've got to look at that a little bit too. I mean this is not a commercial venture, at which point I think I would maybe agree with you more and I'd have more reluctance as far as getting involved by setting some precedence and everything but again, this is a family compound. They were here long before us. I really don't see where, and again we just went through this whole property a couple weeks ago so I realize all the problems that are in there. I mean this is key to a lot of other things but at this point, we just went through whether a variance or conditional use and I guess the city uses variances so I don't want to set new ground here as far as doing that, but I do tend to agree that maybe this would fit better under that, to make sure that it is limited to family use but, I trust what Mr. Carlson says. He's got a history of doing things on this. I don't have any problems supporting this at this point. Sacchet: Thanks Jerry. It's a tricky thing you're bringing up Steve because generally we do want to decrease any non-conformance when we allow something extra. I personally would be willing however in this case to consider it two separate items. Since they are, I mean they're not that closely intertwined. I mean physically it's even two separate structures, if I understand this correctly, and. Is it? 41 Planning Commission Meeting — March 15, 2005 Lillehaug: ...haven't really had it explained to me, I don't know. Sacchet: It is two physical, separate physical structures isn't it? Gary Carlson: Yeah, with that question that you asked, her addition went out from me. And the other apartments wouldn't be around by her, you know the other apartment space wouldn't be around by her bathroom or her bedroom. Whereas the attendant care person, which right now is my daughter and we would still be within the city's codes probably as long as it stays my family members because it's one family. Only thing there is you know the two stoves. Well again the City doesn't really run out and look to see if you have two stoves. But the reason we're asking for the variance is my daughter can take a position with another school district and her family can move away. Well then I have to bring in an attendant that might not be family. And also, I mean I'm looking way down the way. I mean I'm not going to be always available and retirement is there around the horizon. I can see my daughter moving down into my level. For instance, if I can have one of my daughters, maybe not. I may have an aide live there and another aide live above Molly. Again, not family members. Whereas they would trade off. They'd get living, very inexpensive living. Slagle: But I think if I can, we have that covered. Sacchet: Yeah, I don't think that's an issue Mr. Carlson. Slagle: It's just a question of, is the two, if I can ask, the two apartments or rental units, are they in one of the separate structures and I think the answer is yes. Sacchet: They're adjacent. Gary Carlson: The whole home is one solid building, it's just that you, it's 70 by, almost 70 by 70. Sacchet: It is all the same building. Gary Carlson: I mean I can open the building... upper part and now the upper care attendant now... Slagle: Mr. Carlson, if I can ask. You have your main house here and then you have this separate structure over here that staff. Gary Carlson: Oh, that's mistaken a lot. That's a two story pole barn. Slagle: Okay, so there's no rental units in there? Gary Carlson: No. It looks, I've had people come down the street and say well why don't... Sacchet: So there goes my argument about that one Steve. 42 0 Planning Commission Meeting — March 15, 2005 Lillehaug: Are all 5 units family? Gary Carlson: No. No, the two grandfathered, I provide economical rentals for, I have for years. My ex -tenants are, one's a VP at Super Valu. One owns his own nursery. I mean I provide low cost housing which the city's in need of In the other two apartments. And the only reason I have those is the house was so big and if we were to discontinue one of them, my wife and I can barely use the floor we're on, let alone then have another whole apartment. Sacchet: Alright. Slagle: 5 are in the big house. Sacchet: Thank you Mr. Carlson. I think you answered the question. Basically do, and actually it clarified where I stand with this too Steve in terms of giving you the response, at least from my vantage point to your comment. I do believe there is a mitigating factor in that we're actually asking it to be reduced by one unit. We do ask, condition number 1 says to eliminate one of the units. One of the three new ones and the other two new ones are justified because they're family occupied in the context of the care, of the personal care that's needed. So I do believe there's a balancing and mitigating factor in there that within the framework I think is reasonable and since this is a very complex situation, I would really defer to the time that staff put into this and I think this is a pretty balanced proposal in view of that. Lillehaug: Can I ask you a question? Sacchet: Go ahead. Lillehaug: Is your interpretation of this right now there's 5, with the conditions in here there will be 4? Sacchet: Yes. But nevertheless, I mean units. With 2 having grandfathered in to be rental and the other 2 being family use and it makes it very clear that the upper dwelling unit shall not be rented to a non -family member, other than a live in personal care. So it is tied into a specific use, which to some extent accommodates what the condition use element would have. Keefe: Two that were grandfathered and then one. Slagle: So you're not including the main residence of Mr. Carlson? I mean his area, right? Sacchet: Is one of them. McDonald: It is I of the 4. Lillehaug: It's 1 of the 5 and it's 1 of the 4. Sacchet: Right. 43 • • Planning Commission Meeting — March 15, 2005 Metzer: We consider Molly and the applicant, Mr. Carlson to be the same dwelling unit. Slagle: Oh okay. I got you. Sacchet: As one unit. Okay. Okay. So that's how I would respond to your. AI-Jaff: Also the variance that you're approving is temporary in nature. That's what staff is recommending with this. Sacchet: Where is the temporariness? Slagle: Yeah, where does it show that? That it ends with them selling the property. Lillehaug: They've been non -conforming since 1988. I mean it's a variance that isn't temporary. Sacchet: Not the non -conforming part. I think staff made that clear, that carries forward. The non -conforming. AI-Jaff: Correct, but number 2. The upper level dwelling unit shall not be rented to a non - family member other than a live in person care attendant. Sacchet: So in other words, the Carlson's wouldn't use and somebody else in a similar situation would use it, they could use it in this same way. So it's not expiring with the Carlson's but the specific use is defined. Is that what you're saying? Larson: So if somebody else had a similar need? Sacchet: Right. Larson: Right. Al-Jaff: It is tied to, I mean if you. Keefe: It's not tied to the Carlson family. It's tied to the use. Sacchet: The use. It's tied to the use. Keefe: Yeah. Sacchet: It's tied to the use which is viewed I think. Keefe: ...Carlson family make that expire. Sacchet: Would that accommodate the concern? 44 Planning Commission Meeting — March 15, 2005 Lillehaug: Can we do that? Sacchet: I'm a little concerned whether that's possible. Larson: I mean my opinion is, if you had another situation where another family would need that and these guys are willing to sell it, it's a perfect fit. Why not? You know. I don't think it has to be strictly just for them. But what I don't want to see is that to turn into a rental unit of 5 separate anybody's you know, but in this case I think it's a wonderful situation what he's put together and this house is just, like he said, it's a very unique property and wow. McDonald: I guess what I'd feel more comfortable with, I'd like staff to research to put the conditions on there that it's strictly for the Carlson's because getting back to the original point about non -conforming property. If one of the things the city is trying to do is as possible to you know have that become conforming, at the sale, when it's no longer of use to the Carlson's, that use should go away and it should then have to become conforming. So I would like to see it tied to the Carlson's if at all possible. Sacchet: I don't know whether that's legally feasible, is it? McDonald: I don't know but that's my question to staff. I don't know. Keefe: Can you do it upon the sale? Sacchet: So you feel very strongly it should be specific to this applicant? McDonald: Well I think Steve brings up a good point, and if that's one of the things that we're supposed to look at as far as when does non -conforming become conforming, I think at the expiration of the use, that's when it should be re -looked at. It should not just go on in perpetuity that way. Al-Jaff: We have done it on mother-in-law apartments. We have specifically stated the name of. Sacchet: We have done it. Al-Jaff: Of the parent. Sacchet: Yep. AI-Jaff: For as long as they are living in this unit. Sacchet: So we have a precedent. Al-Jaff: And if they are not living in that unit, then that use would cease. Sacchet: So we can do it. That's a clear answer for that. 45 • 0 Planning Commission Meeting — March 15, 2005 Lillehaug: Can I make a comment on that? Sacchet: Yes. Lillehaug: We did ... maybe within a year ago, or year or two ago. Slagle: Right behind the Weather Station. Lillehaug: And as a commission and staff, I think we made it look, or we made it that these were, that this would be a unit of one if it were ever sold. I mean just the way things were built in the house and constructed. This is absolutely not the case in this case. I mean it's very different and it's totally holding people to different standards. Absolutely it is in my mind. It really is. Sacchet: If we make it specific to the Carlson's, would that mitigate your concern there? Lillehaug: We were going to do that on the last one and that totally got thrown out. Totally went away from that. It was going to be a condition, the commission as a whole totally threw out making it specific to this family. It was an approval of a variance. Sacchet: Now Sharmeen seems to remember that we did make it. Slagle: I thought we made it. Sacchet: I don't remember. Al -Jaffa What I'm saying is we have done it in the past. We have. Slagle: It's the Graves. Keefe: Well there's support for it here isn't there? Sacchet: The one you remember we didn't want the name. Lillehaug: That's my, that's my. Sacchet: I don't remember the detail. I remember the case but. Well if we have a precedent that we added it, made it specific, I think that would mitigate some of the concerns that are voiced here in terms, because we have to be careful that we're fair to the rest of the city. I mean that's one of the things we're trying to do is that we try to treat everybody with some similarity. That's our attempt to be fair to everybody, okay. So in that case I think that would be a balance point if you would make it specific to the Carlson. Add that element in there with the variance, which would tie it into what the use is at this point, and as such would not carry forward. Which is I believe a fair position to take. Any other aspects here? Otherwise I'd like to have a motion. M. Planning Commission Meeting — March 15, 2005 Keefe: I'll make a motion Planning Commission approves the variance for the use of a single family dwelling as a two family dwelling in a single family residential RSF District at 3891 West 62°d Street based upon the findings of fact in the staff report with the following conditions, 1 through 6 and I'd like to add one additional condition. That this variance will expire upon the sale of the property to a non -Carlson family owner. Sacchet: Let's do a second, just on 1 through 6 and then deal with the amendment. Do we have a second? McDonald: I'll second 1 through 6. Sacchet: Now your addition Dan is to, is that it would expire upon the sale to somebody not Carlson. Not of the same family. Is that? McDonald: I'm sure we can wordsmith and massage that but that is the general. Sacchet: That's the idea, and maybe that this variance is specific to the Gary Carlson family or something. McDonald: Well the thing to say is this variance would expire upon the sale of the property by the Carlson's. Sacchet: Yes. That's basically. Slagle: To a non -Carlson. McDonald: Well upon the sale by the Carlson's means if they sell it to another Carlson, it expires. Sacchet: By the Carlson family, something like that? McDonald: Yeah. Sacchet: Alright. You're fine with that? Okay. Keefe moved, McDonald seconded that the Planning Commission approves the variance for the use of a single family dwelling as a two family dwelling in Single Family Residential (RSF) District at 3891 West 62°d Street, based on the findings of fact in the staff report and with the following conditions: The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live in personal care attendant. 47 • Planning Commission Meeting — March 15, 2005 11 All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. The variance shall expire upon the sale of the property by the Carlson family. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 5 to 1. Sacchet: The motion carries 5 to 1, which is enough for it to carry right? Sharmeen and Jason? A] -Jaffa That's correct. Sacchet: So this does, is considered approved unless somebody complains about it to the City Council. If it has to go to City Council, it can go to City Council on the I Ph of April, according to staff report so I wish you luck with this and thanks for coming in. It was nice to meet Molly. Slagle: Thank you Mr. Carlson. PUBLIC HEARING: REQUEST FOR VARIANCES TO LAKESHORE SETBACK AND LOT COVERAGE ON PROPERTY LOCATED AT 9015 LAKE RILEY BOULEVARD, APPLICANT SHARRATT DESIGN & COMPANY. PLANNING CASE 05-10. Public Present: Name Address Michael Sharratt 464 2°d Street, Suite 100, Excelsior Lissa Tenuta 464 2°d Street, Suite 100, Excelsior Tim Walker/Laura Cooper 9015 Lake Riley Boulevard Josh Metzer presented the staff report on this item. Sacchet: Thanks Jason. Any questions? McDonald: I had some questions for staff. On that sentence where you say that you would support the variance to allow the applicant to maintain, at that point what kind of a home are they 21 CITY OF CHANHASSEN STAFF REPORT PC DAi: March 15, 2005 CC DATE: April 11, 2005 REVIEW DEADLINE: 04/12/05 CASE #: 05-09 BY: JM F2] PROPOSAL: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. LOCATION: 3891 West 62°d Street Lot 6, Schmid's Acre Tracts APPLICANT: Gary & Maureen Carlson O 3891 West 62°0 Street Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential —Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 3.86 acres DENSITY: NA SUMMARY OF REQUEST: Request for an after -the -fact Variance to allow for use of a single- family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. Staff is recommending approval of the request with conditions. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd St. Subject Property m m m 5�a Lak�vmia B� 9 G o s Pi wood C� 30 196d\ .� 3m d' ra c c �( a mden CirG/e n o, p.dd. f ny o� BNB e Lake Minnewasht `Bejee re ev "Mew 0 a m ' Cr m G a rwe SCANNED Carlson Variance Planning Case #05-09 March 15, 2005 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of Church Road at 3891 West 62°d Street. Access to the site is gained via West 62od Street. APPLICABLE REGUATIONS Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Dwelling an means one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. BACKGROUND In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of the home, existing in 1988, were and still are considered legal non -conforming. A legal non -conforming use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did comply with applicable ordinance requirements at the time the use was established. Permits to construct an addition on the north end of the home were obtained in 1996 & 1997 and were given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the City could not determine that two additional dwelling units were being established. Subsequently, both levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as separate dwelling units. The improvements made after 1999 were done without permits. A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied. This lower level of the addition is completely separate from the rest of the home. It has its own entryway and cannot access the rest of the house from inside. The two other dwelling units are those which have a legal non -conforming status. Carlson Variance Planning Case #05-09 March 15, 2005 Page 3 ANALYSIS One of the applicant's daughters is severely disabled and requires 24-hour care. She lives on the main level of the new addition which is not considered a separate dwelling unit. Her County authorized Personal Care Attendant is her sister, who lives in a separate upper level dwelling unit of the new addition. The applicant is requesting a variance for this separate dwelling unit to be used by their daughter's Personal Care Attendant. In the event that their daughter who is the caregiver moves out, the applicant wishes to maintain the use of the separate upper level dwelling unit as a living space for any future Personal Care Attendant. To come into compliance with the City Code, the applicant must either remove the lower level dwelling unit or make it an integral part of the rest of the home. This can be accomplished by creating an interior access from the lower level dwelling unit to the rest of the home and by utilizing one main entry. Bd M, I I Lower Level Dwelling Unit Main Level of New Addition Upper Level Dwelling Unit Carlson Variance Planning Case #05-09 March 15, 2005 Page 4 Given the Carlson family's unique circumstances, staff feels this is a reasonable request which complies with the standards for granting a variance and is recommending approval of this variance for one additional dwelling unit. FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: 1. There is a demonstrated need based upon disability, age or financial. Finding: The applicant has demonstrated a need for a variance based upon disability. 2. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. Finding: The dwelling unit has the exterior appearance of a single-family dwelling, and is accessed via one driveway. 3. Separate utility services are not established (e.g. gas, water, sewer, etc.). Finding: Separate utilities have not been established. 4. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Finding: This request will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Since no additional dwelling units are being created or permitted beyond what already exists. Carlson Variance Planning Case #05-09 March 15, 2005 Page 5 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the variance for the use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact in the staff report with the following conditions: 1. The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Gary, Maureen & Molly Carlson dated January 10, 2005. 4. Letter from Deb Andersen dated February 10, 2005. 5. Letter from the City of Chanhassen to Gary Carlson Dated July 5, 1988. 6. Letter from City of Chanhassen to Gary Carlson dated February 12, 2003. 7. August 20, 2003 Inspection Notes. 8. Lot Survey. 9. Addition Floor Plans. 10. Public Hearing Notice and Mailing List. gAplan\2005 planning cases\05-09 carlson varimceNstaH report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District — Planning Case No. 05-09. On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Schmid's Acre Tracts. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. There is a demonstrated need based upon disability, age or financial. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. 5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the Variance to allow for use of a single- family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. ADOPTED by the Chanhassen Planning Commission on this 15a' day of March, 2005. CHANHASSEN PLANNING COMMISSION Planning Commission Chairperson gAplan\2005 planning cases\05-09 carlsm variancev;ndings of facttdoc CITY OF CHANHASSEN CITY OF CHANHASSEN 7700 MARKET BOULEVARD RECEIVED CHANHASSEN, MN 55317 (952) 227-1100 F E B 1 1 2005 VELOPMI ENT REVIEW APPLICAT CHANHAS N LANNINGDEPT r APPLICANT: C� (� V 1/� V^ lSG N OWNER: V cl '� (i v tr Y nJ ADDRESS: Z,% /„ N f ADDRESS: CI I JA S GC v S v ... TELEPHONE (Day Time) / % I ST't�EPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. **Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: 0_F�- V, `� '`J 0 -kr )) a -A-) e- e • LOCATION: LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: j C-tC � YES NO PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: r REASON FOR REQUEST: � � 4 O "Li 1/l��L dt �� � trA t� �1 � r•e U' r c \t'\ /1 V r P V- y� `e+-V- S nytr f l" cw t(' 2 �l l��l tl\CA .tJ b /i rO 42 rn v tt � r 2 ri S S i 1 Gl v C -e i This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. i Signature off � Applicant Signature of Fee Owner Date Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicants address. G:\pbn\f m \Devek4 m t Review Applimfim.DGC Q,: A0A9H Gary D. Carlson 3891 West 62" d St. Excelsior, MN 55331 January 10, 2005 City of Chanhassen Chanhassen City Council and Planning Commission Re: Variance for two-family dwelling Dear Sirs: CITY OF CHANHASSEN RECEIVED FEB 1 1 2m CHANHASSEN PLANNIN(3 M" The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1). There is demonstrated need based upon disability, age or financial hardship. Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her motor abilities. She is 22 years old and requires a full time caregiver which must be in living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in which Molly currently resides. These quarters are directly connected to Molly's living area They are currently occupied by her sister who is her county authorized Personal Care Attendant. If for any reason her sister can no longer provide the services as her PCA, this variance would allow someone else to live there and continue to meet Molly's needs. Also attached is a letter of further verification of Molly's disabilities from her county developmental disabilities case manager. Respectfirlly, �azlson Molly Carlson $CANNED ytlzrf r0�50 Community Social Services Human Services Building 602 East Fourth Street Chaska, Minnesota 55318-2102 Cxw County Phone (952) 3614600 1855-2005 Fax (952)361-1660 February 10, 2005 Chanhassen City Council Chanhassen, MN 55317 RE: Molly Carlson Dear Chanhassen City Council: I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother & court -appointed guardian..I am Molly's developmental disabilities case manager at Carver County Social Services. Molly has been on my case load since January of 2001. . She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and , borderline intellectual functioning. Molly's physical disability requires that she have 24- hour supervision and assistance for all of her activities of daily living & personal cares. She requires the availability of a personal care attendant/caregiver in close proximity of her except for very brief periods of time. If you have any questions for me, please obtain a signed release of information from Molly's guardian. I can be reached at 952-361-1616. Thank you. Sincerely, _ � ill Deb Andersen Developmental Disabilities Case Manager Carver County Social Services Equal Opporrmity Employer SCANNED Printed on 30% Post -Consumer Rervr/ed Parer ",N. 15.2003 11:40AM MAIOELD TANICK CHN NO. 990 P. 4 July 5, 1988 CITY OF CHANHASSEN $90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Gary Carlson 3831 West 62nd Street Excelsior, MN 55331 Dear Mr. Carlson, RECEIVE® C JAN ] 5 2003 MftEN INSPECTIONS It is my understanding that you have been renting a portion of your home since 1982. Section 2Qr-71 of the Chanhassen City Code states that nonconforming uses ei4in �ting prior to February 19, 1987 may continue if not expande, W enlarged. Section 20-74 (b) also provides that nonconformingF r&idential units may be altered if the "livability" of L*ie'�nits is improved. Please be advised though that if you 4f scottinue renting a portion of the home for one year, you can�at rEAstablish the rental unit. Should you need further info,zgation, lease feel free to contact me. f.•'„ :k Barbara Dacy City Planner .14 t> BD/cd CITY OF MMSEN February 12, 2003 7700 Market Boulevard PO Box 147 Chanhassen, MN017 Mr. Gary Carlson f 4 : 3891 West 62°d Street on Ane:952h27.1, Excelsior, MN 55331 Phase: 952.227.1100 Fax: 952227.1110 Dear Mr. Carlson, Building Inspections Phone: 52.227.1180 Fax. 2.227.1190 Thank you for the opportunity to conduct an inspection of your home on January 28, 2003. I have also received a letter from your attorney dated Engineering January 30, 2003, which describes the use of your home. The code issues Phone: 952227.1170 Fax �2227.1170 involving our home will be addressed in three arts: 1) Existing rental g Y P g dwelling units on the south end of the building; 2) Dwelling units in the Finance addition on the north end of the home; and, 3) Zoning Viglations. Phone:952.227.1140 - Fax 952.227.1110 - 1) Rental dwelling units, south end of building: Park 6 Recreation Phone: 227.1120 The two dwelling units on the south end of your home have been rented to Faz:952.227.t 110 tenants since approximately 1982. In 1988 the city determined that this use, Recreation Center 2310CouherBoulevard although non -conforming; could continue if the use was not expanded of• Phone:952.227.1400 enlarged. Fax 952.227.1404 - - Planning & During the inspection, I found that the lower level unit had a living room;`. Natural Resources kitchen, bathroom and two rooms that appeared to be bedrooms on the west Phone:952227.1130 side of the unit. These rooms did not have complying egress windows. There Fax 952.22z1no were no beds in these rooms; the bed was located in the living room, where Public works you stated the tenant sleeps. The entrance/exit door was located in the living , 1591 Park Road room. Phone: 952227.1300 Fax 952.227.1310 The upper level unit consisted of a living room, kitchen, bathroom and two Senfar Center bedrooms. The bedroom on the south side did not have a complying egress Phone:952.227.1125 window; the bedroom to the north appeared to have a complying egress - Fax 952.227.1110 window. Web Site mmAchantrussen.mn.us These rental units are now required to be licensed in accordance with City Code Chapter 10, Article VII, which was recently adopted. As partof the licensing, the units must meet the requirements of the city's property maintenance code. You will be receiving information in the mail in the near future which will explain the licensing requirements and inspection process. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A groat place to live, work, and play. Mr. Gary Carlson February 12, 2003 Page 2 Until such time that these units receive licenses and inspection approval, the three rooms identified above that do not have complying egress windows may not be used as sleeping rooms. To do so is in violation of city code. 2) Dwelling units, north end of building: There are two dwelling units in the addition on the north end of the home. Permits to construct the addition were obtained in 1996 and 1997. The permits were given final approval in April of 1999. At the time of final inspection, the lower and upper level portions of the addition were unfinished. Since that time, both the upper and lower levels of the addition have been finished, and are now dwelling units, with separate facilities for sleeping, eating, cooking and sanitation. The work was completed without obtaining the required permits. The construction does not meet the requirements of the building code for a multi -family building, and the lower level dwelling unit does not have complying egress windows. To occupy these units is a violation of the building code. Permit #0203322, which was issued to you on November 27, 2002, for - finishing the lower level, is hereby revoked in accordance. with UBC Section 106.4.5. The permit was issued based on information that was incorrect and therefore issued in error. Plans you submitted on January 31, 2003, cannot be approved, as the use is in violation of zoning regulations as outlined below. The lower level dwelling unit was vacant on January 28, 2003, and must remain vacant until such time that it is in compliance with city code. The dwelling unit on the upper level must be vacated by March 312003, and must remain vacant until such time that it too is in compliance with city code. The zoning violations outlined below must be addressed before a determination can be made as to what is required to bring the upper and lower levels of the addition into compliance with the building code. I ask that you schedule an inspection for March 3, 2003, to verify that the units have been vacated as requested. You also must act within the same timeframe to resolve the zoning violations. If you do not respond as requested, this matter will be turned over to the City Attorney's Office for immediate action. 3) Zoning Violations: You were given a letter from the city in 1988 stating that the two dwelling units in your home were legal non -conforming. A legal non -conforming use by city code cannot be expanded, intensified, replaced, structurally changed or Mr. Gary Carlson February 12, 2003 Page 3 replaced except to lessen the non -conformity. (City Code 20-72). It is my interpretation that you have created a multi -family dwelling — a detached building containing three (3) or more units. (City Code 20-1). Withthe addition to your non -conforming structure you are in violation of the city's zoning ordinance. Your property is zoned Residential Single Family which permits only one (1) Single Family detached dwelling unit. You must immediately cease the renting of your additional units. Your only relief from this requirement is to request a rezoning of your property (City Code Section 20-42). It is unlikely the staff would support a one lot rezoning in the middle of a single-family residential district. Or, you may request a zoning appeal (City Code Section 20-28(2)) if you believe that there has been an error in the decision or determination made by an employee. In this instance, it was our interpretation of your dwelling as a multi -family dwelling that is the violation of the city code. Again, you must stop renting the additional dwelling units immediately. Please contact me if you wish to pursue either option I have identified to resolve the zoning issue. My telephone number is 952-227-1137. If you have building code questions, contact Steve Torell at 952-227-1199. Sincer ely, Kanson yk Community Development Director AvenB. ell Building Official pc: Roger Knutsen, City Attorney Robert Reid, Building Inspector Mark Littfin, Fire Marshal Mr. Gregory Miller, Mansfield Tanick & Cohen P.A. Property file: 3891 West 62°d Street g/safety/stlltrs/OccupancyNiolations/3891 Wd Street2 • PROPERTY INFORMATION • Complex Name 1PRIVATELY OWNED Company/Owners Name KLRY CARLSON Last Name CARLSON First Name GARY i Initial j Address 3891 WEST 62ND STREET city JEXCELSIOR _ State MN i Zip Cod 55331- Work Phone _ Fax Number Email Address (952) 47473354 v Notes Single family home w/2 rental units, upper unit and basement unit. 3 car attached garage, with carport. 2 f detached garages. 2 story storage shed. 1 story shed. Playhouse. 2 horse stables/barns. Main building has 5 i separate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living area, one living area for guests, 2 living areas are rental dwelling units. fI I ti Property Manager Name GARY CARLSCN Property Manager Phone (952) 474-3354 Rental Space Address 3891 WEST 62ND STREET Apt # city EXCELSIOR W.. State MN Zip Cad 55331- Tenant Phone Tenant Fax Number Tenant Email Name i Date of Inspection_ 8/20/2003' License Number _ 00-00036 Datelssued 1 Notes 15 acres. Horses. • Gary Carlson 38 3891 W 62nd SL Excrisior NfN -S'S,3j `fit o s.el... i - __.._..� _�•�. i- __: .-3_ v1' S il- arlson IL rid St j 55331 fro i Gary Carlson I W62nd St im MN 55311 td CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MWNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 3, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Carlson Variance Request — Planning Case No. 05-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swoXn to before me this3rLL day of J rVArCh. , 2005. Notary Public Ka n J. gel ardt, Di4uty Clerk KIM T. MEUWISSEN \S €Notary Public -Minnesota My Commissian Expires Jan 31, 2010 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2005 at 7:00 .m. Location: CityHall Council Chambers 7700 Market Blvd. Request for an after -the -fact variance to allow for use of a Proposal: single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District Pnnin 05-09 7LFile: ,,cant: Gar and Maureen Carlson Property 3891 West 62rid Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within SW feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethina to be Included in the report, please contact the Planninu Staff person named on the notification. Date & Time: Tuesday, March 15, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact variance to allow for use of a Proposal: single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District Planning File: 05-09 Applicatnt: Gary and Maureen Carlson Property 3891 West 62 Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead 16 public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6/weblink the Thursday prior to the Planning Commission meetin . City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation, These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persoms). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. r Disclaimer This map is neither a legally recorded rrap nor a survey and is not imeMetl to be used az one. This nap is a complation of retorts, information and data located in various city, county, state and federal offices and other soumaz regardful, the area shown, and is to he used for reference purposes only. The Cry Wes not warrant that the Geographic Intonation System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose regaining effecting rreawrement of distance or direction or predvon a the tlepiction of geographic features. 11 errors or discrepancies are found Please contact 952-229-1107. The preceding disclaimer Is provided pursuant to Minnesota Statutes §41% 03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages. and eV essly waives all clans, and agrees to defar d. indemnity, and hold hairiness the Dry from any and all claims brought by User, as employees or agents, or third parties which ease out of the users access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This hap is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The Gty does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring enacting measurement of distance or dne<,ron or prec ew in the depi on of geographic featuresIf errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided Wrwant to Minnesota Statutes §466,03, Sued. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all Gams, and agrees to defend, adamant, and hold harness the Gty from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. Public Hearing Notification Area (500 feet) Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd St. Subject Property m "kevinia A. P' wood �pwoo 0 �`o W C ' � Li pin C4G(y e, aeEo f O� B ` :Lake Minnewasht (@see re ' estview t m. a % o `m a Ce / e m �� I JEFFREY R BERGE & DENISE E ZOELLMER 3856 MEADOW LN EXCELSIOR MN 55331 GARY CARLSON 3891 62ND ST W EXCELSIOR MN LAUREANA VOUNG BOUALOUANG 3884 MEADOW LN EXCELSIOR MN 55331 MEGAN J CARLSON C/O GARY & MAUREEN CARLSON 55331 3891 62ND ST W EXCELSIOR MN 55331 DAVID C & LISA A GAUPP 3870 MEADOW LN EXCELSIOR MN 55331 MARK F MACPHERSON 6301 CARTWAY LN EXCELSIOR MN 55331 RALPH A & SHIRLEY A NELSON 3800 MEADOW LN EXCELSIOR MN 55331 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD EXCELSIOR MN 55331 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 JEFFREY F JEWISON & LISA J W ECKW ERTH 3842 MEADOW CT EXCELSIOR MN 55331 WILLIAM J & KAKI L MCREAVY 3790 MEADOW LN EXCELSIOR MN 55331 ROBIN S O'MEARA 3814 MEADOW CT EXCELSIOR MN 55331 PETER ALEXANDER THOMSON & CYNTHIA L GESS 4001 ASTER TRL EXCELSIOR MN 55331 BRIAN R CARLSON 3828 MEADOW CT EXCELSIOR MN 55331 DALE H COLLINS 10758 130TH ST GLENCOE MN 55336 DALE E & LINDA J KEEHL 3841 62ND ST W EXCELSIOR MN 55331 PATRICK L & BONNIE C MONAHAN 3801 MEADOW LN EXCELSIOR MN 55331 KATHY A SCHURDEVIN 3921 ASTER TRL EXCELSIOR MN 55331 TERRANCE LANE TOLL 6250 CARTWAY LN EXCELSIOR MN 55331 N ie v u ot 6e _ of 4 `- �010 , , Sub-laci— Ot x�l ) I `I . � Mom. \ \ SAr/ • _ _ - _ _ _ u s ` \ ITI Al 93t9 93tb •ss g5i3 \ � ` d ' '•rrs 'u:r \ \` \ � ` - A1\ I Ili __ r..r wn✓ ___—Fast 532.30---' 'lfre •lsr '+izf _; .\ 1 \ si CR OFC HA5 ` RECEIVED ` FEB 1 1 2005 ` aunrttissEx aAra«gc oErr . • A ' ii , le 17 n I X 1 lab N*PIN . o D { t ' I N \ w I I I i I i rh ; rq 00 mm czi ON cl / p ' ' o • t" a ru a F m can / v , , v I I � 01^4 / /' /! a I°'Kz q5-o N l % e<.r Vltr / S91.fS ,NOS/i�fO/'E —�__-� op / ` 1 0 -sys/ tCop• 77I' March 17, 2005 CITY OF Gary & Maureen Carlson C>�ANI�ASSEN 3891 West 62nd Street T700 Markel Boulevard Chanhassen, MN 55317 PO Box 147 Chanhassen, MN 55317 Re: Variance, 3891 West 62nd Street — Planning Case #05-09 Administration Bear Mr. & Mrs. Carlson: Phone: 952221.1100 Fax: 952,227.1110 This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning Building Inspections Commission approved the following: Phone. 952.227.1180 Fax:952.227.1190 A variance for the use of a single-family dwelling as a two-family dwelling in a Engineering Single -Family Residential (RSF) District at 3891 West 62nd Street based on the Phone:952227.1160 findings of fact in the staff report with the following conditions: Fax: 952.227.1170 Finance 1. The lower level dwelling unit must be eliminated or made an integral part Phone: 952.227.1140 of the home. Fax 952.227.1110 2. The upper level dwelling unit shall not be rented to a non -family member Park 8 Recreation Phone952.227.1120 other than a live-in personal care attendant. : Fax: 952.227.1110 Recreation Center 3. All outstanding permits that have been obtained for improvements to the 2310 coulter Boulevard property must receive final inspection approval prior to occupancy of the Phone:952.227.1400 additional unit. Fax: 952.227.1404 Planning 8 4. The proposed dwelling unit must be constructed in accordance with Natural Resources Minnesota State Building Code. Phone: 952,227.1130 Fax:952.227.1110 5. Rental licenses must be obtained in accordance with Chanhassen City Public works Code. 1591 Park Road Phone: 952.227.1300 Fax:952.227.1310 6. The applicant/property owner must obtain permits for accessory structures Senior Center constructed without the required permits. Phone:952.227.1125 Fax:952.227.1110 If you have any questions or need additional information, please contact me at 952-227- 1132 or by email at imetzer@ci.chanhassen.mn.us. Web Site www.ci.chanhassen.mn.us Sincerely, flan er I g.xplank2005 planning casesx05-09 Carlson varianczUetter of approval.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charring downtown, lhrivtng businesses, winding Irails, and beautiful parks. A gioat place to live, work, and play. March 21, 2005 Gary & Maureen Carlson 3891 West 62nd Street Excelsior, MN 55331 Re: Variance, 3891 West 62nd Street —Planning Case #05-09 Dear Mr. & Mrs. Carlson: This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning Commission approved the following: A variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact in the staff report with the following conditions: 1. The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. If you have any questions or need additional information, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, Josh Metzer Planner I &Aplan\2005 planning cases\05-09 carlson varianceVetter of approval.doc 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 0 CITY OF C9ANAA3SEN �� �41, � I�Irlrrlrlrr�llrrrrllirrrllrlrrl Gary & Maureen Carlson 3891 West 62od Street Chanhassen, N N �V :b 366 StiA 4 7 I ZXIE DC MAR ? ! 2005 CITY OF CHANHASSEN 553 1 OB 03/20/OS RETURN TO SENDER NO SUCH STREET UNABLE TO FORWARD 55317014747 *0479-0973E-10-44 Irlrlrrlrlrnllnnlilnrillrennllrinllnrlrinllnrlrllnl 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227,1110 Building Inspections Phone: 952.227.1180 Fax: 952,227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phom: 952.227,1400 Fax: 952 227.1404 Planning It Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Woda 1591 Park Road Phone: 952,227.1300 Fax: 952 227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web site wwor uchanhassennn.us March 17, 2005 Gary & Maureen Carlson 3891 West 62°d Street Chanhassen, MN 55317 Re: Variance, 3891 West 62nd Street —Planning Case #05-09 Dear Mr. & Mrs. Carlson: This letter is to formally notify you that on March 15, 2005, the Chanhassen Planning Commission approved the following: A variance for the use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District at 3891 West 62n0 Street based on the findings of fact in the staff report with the following conditions: The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member other than a live-in personal care attendant. 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the required permits. If you have any questions or need additional information, please contact me at 952-227- 1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, 7/� b osh M tzer Tanner I g:\plan\2005 planning cases\05-09 carlson varianceMener of approval.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd St. Subject Property d m 7 � 5tia Lake Vi inia P xrooE S \QtbWoo ac y c .c ` /'i e Mlen Cirga � P94do ljy� B � BNB Lake Minnewasht m ,ate m 7, CK a STAFF REPORT PROPOSAL: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. LOCATION: 3891 West 62°d Street Lot 6, Schmid's Acre Tracts APPLICANT: Gary & Maureen Carlson O 3891 West 62°d Street Excelsior, MN 55331 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential — Low Density (Net Density Range 1.2 — 4u/Acre) ACREAGE: 3.86 acres DENSITY: NA SUMMARY OF REQUEST: Request for an after -the -fact Variance to allow for use of a single- family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. Staff is recommending approval of the request with conditions. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd SL W. 62nd SL Subject Property s m Lake V inia A. EL �1 wood 'la GJ �Mwo �d�o� a n e .c ,den Cori. 4 m Lake Minnewasht `es�ee Creswew m a m � 2 a u ci e a SCANNED Carlson Variance Planning Case #05-09 March 15, 2005 Page 2 SUMMARY OF PROPOSAL The applicant is requesting an after -the -fact variance for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The site is located north of Highway 7 and west of Church Road at 3891 West 62"d Street. Access to the site is gained via West 62°d Street. APPLICABLE REGUATIONS Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Dwelling unit means one or more rooms which are connected together as a single unit constituting complete, separate and independent living quarters for one or more persons, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. BACKGROUND In 1988 the City of Chanhassen wrote a letter to Gary Carlson acknowledging that he had been renting a portion of his home since 1982. As a result of grandfathering, the two rental units on the south end of the home are considered legal non -conforming. A legal non -conforming use is defined as a use of land that does not comply with the requirements of Chapter 20, but which did comply with applicab}e ordinance requirements at the time the use was established. 0. 3 - I e,v�l� l Permits to construct si addition on the north end of the homeWweru;e o tamucfedit! in 1996 &i999 and were given final permit approval in 1999. This addition consisted of three levels; lower, main, and upper floors. At the time of final inspection in 1999, the upper and lower levels were unfinished; therefore, the 1 City could not determine that two additional dwelling units were being established. Subsequently, both Upp�6 �auv levels were finished with separate cooking, eating, sleeping and sanitary facilities distinguishing them as separate dwelling units. Thegimprovements made after 1999 were deue without permits. t A January 28, 2003 inspection of the subject property found that the lower level dwelling unit was vacant. This inspection also revealed that the home has five separate kitchen facilities in five separate dwelling units. The applicant occupies one dwelling unit. One of the applicant's daughters occupies the upper level of the new addition. The applicant stated the lower level of the new addition is unoccupied. This lower level of the addition is completely separate from the rest of the home. It has its own entryway and cannot access the rest of the house from inside. The two other dwelling units are those which have a legal non -conforming status. Carlson Variance Planning Case #05-09 March 15, 2005 Page 3 ANALYSIS One of the applicant's daughters is-@ e disabled and requires 24-hour care. She lives on the main level of the new addition which is not considered a separate dwelling unit. Her County authorized Personal Care Attendant is her sister, who lives mot separate per level dw( separate dwelling unit to be used by their daughter's Personal Care Attendant. In the event that their daughter who is the caregiver moves out, the applicant wishes to maintain the use of the separate upper level dwelling unit as a living space for any future Personal Care Attendant. To come into compliance with the City Code, the applicant must either remove the lower level dwelling unit or make it an integral part of the rest of the home. This can be accomplished by creating an interior access from the lower level dwelling unit to the rest of the home and by utilizing one main entry. {`I { I 4BE .y Be4nc 1*`NY�M1�I - _ ,'— x... . _ ��_-y � r 1 is ��, ..✓...---111 _ g �- FIL i Mvlml -,3.d f "ei t p z L f J i S YI i Lower Level Dwelling Unit Main Level of New Addition UDuer Level Dwelline Unit Carlson Variance Planning Case #05-09 March 15, 2005 Page 4 Given the Carlson family's unique circumstances, staff feels this is a reasonable request which complies with the standards for granting a variance and is recommending approval of this varianc for one additi al dwelling unit. W� �hCo�r�WnS, ae 6s FINDINGS The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: 1. There is a demonstrated need based upon disability, age or financial. Finding: The applicant has demonstrated a need for a variance based upon disability. 2. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. Finding: The dwelling unit has the exterior appearance of a single-family dwelling, and is accessed via one driveway. 3. Separate utility services are not established (e.g. gas, water, sewer, etc.). Finding: Separate utilities have not been established. 4. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Finding: This request will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. Since no additional dwelling units are being created or permitted beyond what already exists. Carlson Variance Planning Case #05-09 March 15, 2005 Page 5 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approves the variance for the use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District at 3891 West 62nd Street based on the findings of fact in the staff report with the following conditions: 1. The lower level dwelling unit must be eliminated or made an integral part of the home. 2. The upper level dwelling unit shall not be rented to a non -family member of er than a live-in personal care attendant. "ri¢. 40 �W /50115, 1-F 50W 1 i5 -PA;5 1 3. All outstanding permits that have been obtained for improvements to the property must receive final inspection approval prior to occupancy of the additional unit. 4. The proposed dwelling unit must be constructed in accordance with Minnesota State Building Code. 5. Rental licenses must be obtained in accordance with Chanhassen City Code. 6. The applicant/property owner must obtain permits for accessory structures constructed without the requi `ree�d ; perJt�QQ ATTACHiye5 v p on srde- 0�'-I'LtR. NT 1. Findings of Fact. 2. Development Review Application. 3. Letter from Gary, Maureen & Molly Carlson dated January 10, 2005. 4. Letter from Deb Andersen dated February 10, 2005. 5. Letter from the City of Chanhassen to Gary Carlson Dated July 5, 1988. 6. Letter from City of Chanhassen to Gary Carlson dated February 12, 2003. 7. August 20, 2003 Inspection Notes. 8. Lot Survey. 9. Addition Floor Plans. 10. Public Hearing Notice and Mailing List. gAplan@005 planning cases\OS-09 cadson variance\staff repon.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in a Single -Family Residential (RSF) District — Planning Case No. 05-09. On March 15, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Gary & Maureen Carlson for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential — Low Density (Net Density Range 1.2 — 4u/Acre). 3. The legal description of the property is: Lot 6, Schmid's Acre Tracts. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. There is a demonstrated need based upon disability, age or financial. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. 5. The planning report #05-09 Variance dated March 15, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the Variance to allow for use of a single- family dwelling as a two-family dwelling in Single -Family Residential (RSF) District. ADOPTED by the Chanhassen Planning Commission on this 15"' day of March, 2005. CHANHASSEN PLANNING COMMISSION Planning Commission Chairperson g:\plan\2005 planning cases\05-09 =Ism vanmm\tmdings of fact.doe CITY OF CHANHASSEN CITY OF CHANHASSEN 7700 MARKET BOULEVARD RECEIVED CHANHASSEN, MN 55317 (952)227-1100 FEB 11 2005 VELOP IMENT REVIEW APPLICAT CHANHAS LANNINGDEPT APPLICANT: �� (1 1i 1/ (� V `SG N OWNER: V, c� 0 U v, r' r ,J ADDRESS: Ci l N d S f ADDRESS: N S O X ��IS;�Ir Zn�AJ TELEPHONE (Day Time) / L 7 ( Zj 7T�LEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box rVi Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: F� 5 `� `� aor {) au e LOCATION: 9�— LEGAL DESCRIPTION: TOTAL ACREAGE: 3 • :5 ct C � c— -�, WETLANDS PRESENT: PRESENT ZONING: YES V NO REQUESTED ZONING: ��9 0 A -yl i I Y C� N' r' l/q / l J l 1 J PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: / 4( 10 10 1/l 1, lA U f 16 V\tjyr �av ��1, Sam �(� L°.atrr q l(Cvdc,,y/ V o,/ v-O v (f U r 2 l h n O This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information 1 have submitted are true and correct to the best of my knowledge. J Signatur an�� Signature of Fee Owner Application Received on Fee Paid Date Date Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. Giplan\fo \Developm t Review Applicatioo.DOC Gary D. Carlson 3891 West 62nd St. Excelsior, MN 55331 January 10, 2005 City of Chanhassen Chanhassen City Council and Planning Commission Re: Variance for two-family dwelling Dear Sirs: CITY OF CHANHASSEN RECEIVED FEB 1 1 2005 CHANHASSEN PLANNING OEPT The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1). 7'here is demonstrated need based upon disability, age or financial hardship. Our daughter Molly Carlson was hom with Cerebral Palsy that has severely affected her motor abilities. She is 22 years old and requires a full time caregiver which must be in living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in which Molly currently resides. These quarters are directly connected to Molly's living area. They are currently occupied by her sister who is her county authorized Personal Care Attendant. If for any reason her sister can no longer provide the services as her PICA, this variance would allow someone else to live there and continue to meet Molly's needs. Also attached is a letter of further verification of Molly's disabilities from her county developmental disabilities case manager. Respectfully, G Carlslarson our a �1 Molly Carlson SCANNED �k50Yr4pr ld cow COWIty J 0 1W - 2005 Community Social Services Human Services Building 602 East Fourth Street Chaska, Minnesota 55318-2102 Phone (952) 3614600 Fax (952)361-)660 February 10, 2005 Chanhassen City Council Chanhassen, MN 55317 RE: Molly Carlson Dear Chanhassen City Council: I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother & court -appointed guardian..I am Molly's developmental disabilities case manager at Carver County Social. Services. Molly has been on my case load. since January of 2001. . She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and borderline intellectual functioning. Molly's physical disability requires that she have 24- hour supervision and assistance for all of her activities of daily living & personal cares. She requires the availability of a personal care attendant/caregiver in close proximity of her except for very brief periods of time. If you have any questions for me, please obtain a signed release of information from Molly's guardian. I can be reached at 952-361-1616. Thank you. Sincerely, i)u, Deb Andersen Developmental Disabilities Case Manager Carver County Social Services Equal Opportunity Employer SCANNED 'I'll 1 §.'2003 11:40AM MANSFIELD TANICK CHN N0.990 P. 4 1 July 5, 1988 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. SOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Gary Carlson 3831 West 62nd Street Excelsior, MN 55331 Dear Mr. Carlson, It is my understanding that you h your home since 1982. Section 20i states that nonconforming uses eg 1987 may continue if not expanded also provides that nonconforming;;' altered if the "livability" of be advised though that if you c"&s the home for one year, you can't Should you need further me. RECEIVE® JAN 15 2003 Chft1i4SSE1VINSPEC7101VS ve been renting a portion of 71 of the Chanhassen City Code sting prior to February 19, 4r enlarged. Section 20-74 (b) .7 idential units may be knits is improved. Please oitinue renting a portion of rEAstablish the rental unit. Vi-ease feel free to contact :+e Barbara Dacy _.µ .�''•' - z City Planner y; ':.:1.. :w )j�.. p7.a'.�,T„GrC: ...x -.rWar•+: � `:'d`; a.., •_� :. ti. tirti{ �: 0 CITY OF C13ANUSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Plwne 952.227.1100 Fax: 952.227.1110 Building Inspection Phone: 952.227.1180 Fax 952227.1190 Engineering Phone: 952227.116D Fax 952.227.1170 Finance Phore 952227.1140 Fax: 952-227.1110 Park 6 Recreation Phone.,952M.112g Fax: 952-227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax 952.227.1404 Planning 6 Natural Resources Phone:952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fat 952227.1310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 February 12, 2003 Mr. Gary Carlson f 1t : 3891 West 62°d Street Excelsior, MN 55331 Web She worterchanhassen.mn.us Dear Mr. Carlson, Thank you for the opportunity to conduct an inspection of your home on January 28, 2003. I have also received a letter from your attorney dated January 30, 2003, which describes the use of your home. The code issues involving your home will be addressed in three parts: 1) Existing rental dwelling units on the south end of the building; 2) Dvng units in the addition on the north end of the home; and, 3) Zoningftations. 1) Rental dwelline units: south end of buildin The two dwelkrig t tnts oh the sougi e11d of yob Mime haft been; lolled to tenants since approximately 1982.' In 988 th" city deternkined that t iis,..,pse, although non -deforming, could cdntiMile f rise was notxpaddd pg enlarged. During the inspection, I found that the lowe4vel td t had a itvittg oo ' kitchen, bathroQngt Gird two rooms that•;appeaitd to bN hedro jns oir the s side of the unit. these jrpoims. didrlot a fe Coinply#ng egress;gino*' s !Theaf were no beds in these�ooiias;the bed -*as locatedduthe lrvi t aootii; wftbre you stated the tenant sleeps, The entrancelexit door was located in the living room. The upper level unit consisted of a living room, kitchen, bathroom and two hgdmms. The bedroom on the south side did not have a complying egress window; the bedroom to the north appeared to have a complying egress window. These rental units are nd v retltiired tp be .licensed in accordance .City Code Chapter 16 Ai.Mcle Vi lx W ph'was Tecently adopted, As part c licensing, the units Must. meet hpMquif> irients of the.city's property maintenance code. You will be receiving informa0bo. . the mail in the near future which will explain the lidensrug red tpnr t ats Md inspection process. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Gary Carlson February 12, 2003 Page 2 Until such time that these units receive licenses and inspection approval, the three rooms identified above that do not have complying egress windows may not be used as sleeping rooms. To do so is in violation of city code. 2) Dwelling units, north end of building: There are two dwelling units in the addition on the north end of the home. Permits to construct the addition were obtained in 1996 and 1997. The permits were given final approval in April of 1999. At the time of final inspection, the lower and upper level portions of the addition were unfinished Since that time, both the upper and lower levels of the addition have been finished, and are now dwelling units, with separate facilities for sleeping, eating, cooking and sanitation. The work was completed without obtaining the required permits. The construction does not meet the requirements of the building code for a multi -family building, and the lower level dwelling unit does not have complying egress windows. To occupy these units is a violation of the building code. Permit #0203322, which was issued to you on November 27, 2002, for - fntishing the lower level, is hereby revoked in accordance -with UBC Section 106.4.5. The permit was issued based on information that was incorrect and therefore issued in error. Plans you submitted on January 31, 2003, cannot be approved, as the use is in violation of zoning regulations as outlined below. The lower level dwelling unit was vacant on January 28, 2003, and must remain vacant until such time that it is in compliance with city code. The dwelling unit on the upper level must be vacated by March 3, 2003, and must remain vacant until such time that it too is in compliance with city code. The zoning violations outlined below must be addressed before a determination can be made as to what is required to bring the upper and lower levels of the addition into compliance with the building code. I ask that you schedule an inspection for March 3, 2003, to verify that the units have been vacated as requested. You also must act within the same timeframe to resolve the zoning violations. if you do not respond as requested, this matter will be turned over to the City Attorney's Office for immediate action. 3) Zoning Violations: You were given a letter from the city in 1988 stating that the two dwelling units in your home were legal non -conforming. A legal non -conforming use by city code cannot be expanded, intensified, replaced, structurally changed or Mr. Gary Carlson February 12, 2003 Page 3 replaced except to lessen the non -conformity. (City Code 20-72). It is my interpretation that you have created a multi -family dwelling — a detached building containing three (3) or more units. (City Code 20-1). With the addition to your non -conforming structure you are in violation of the.city's zoning ordinance. Your property is zoned Residential Single Family which permits only one (1) Single Family detached dwelling unit. You must immediately cease the renting of your additional units. Your only relief from this requirement is to request a rezoning of your property (City Code Section 20-42). It is unlikely the staff would support a one lot rezoning in the middle of a single-family residential district. Or, you may request a zoning appeal (City Code Section 20-28(2)) if you believe that there has been an error in the decision or determination made by an employee. In this instance, it was our interpretation of your dwelling as a multi -family dwelling that is the violation of the city code. Again, you must stop renting the additional dwelling units immediately. Please contact me if you wish to pursue either option I have identified to resolve the zoning issue. My telephone number is 952-227-1137. If you have building code questions, contact Steve Torell at 952-227-1199. Sincerely, Khthryn R. nson Community Development Director Vven Torell Building Official pc: Roger Knutsen, City Attorney Robert Reid, Building Inspector Mark Uttfm, Fire Marshal Mr. Gregory Miller, Mansfield Tanick & Cohen P.A. Property file: 3891 West 6Vd Street gfsafety/st/ltrs/Occupancy/Violations/3891 62°" Street2 PROPERTY INFORMATION Complex Name PRIVATELY OWNED Company/OwnersName GARY CARLSON ...,�- Last Name ICARLSON „�,.-..-.._,.^....First Name GARY Initial Address 3891 WEST 62ND.STR...EEf w....�.�...�,,.�.... City 1EXCELSIOR _ State = Zip Cod 55331- Work Phone (95a4743354 Fax Number Email Address Notes family home w/2 rental units, upper unit and basement unit. 3 car attached garage, with carport. 2 hed garages. 2 story storage shed. I story shed. Playhouse. 2 horse stables/barns. Main building has 5 ate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living one living area for guests, 2 living areas are rental dwelling units. Property Manager Name GARY CARLSON Property Manager Phone (952) 474-3354 Rental Space Address 3891 WEST 62ND STREET Apt # city JEXCELSIOR State MN Zip Cod 55331- Tenant Phone Tenant Fax Number Tenant Email Name Date of Inspection Datelssued Notes r A�,B/20/2003 acres. License Number 00-00036 I y. -r-�L- It --f-r-rj . 2L-C-1 rlg00 N lei IF& Y— Mr. Gary Carlson 389, W 62nd St 0 M cis Gary Carlson I W 62nd St. d Mr. Gary Carlson 3891 W 62nd St F.xrrN;,. KAxr «, W VI Iwi La Mr. Gary Carlson 3891 W 62nd St elsior. MN 55111 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 3, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Carlson Variance Request — Planning Case No. 05-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this;-jjrLL day of trVAfCh Vy�h , 2005. Notary Public Qc[., K n J. ngel ardt, Di4uty Clerk KIM I MEM11SSEN 3' Notary Public -Minnesota �: My Commissbn Expires Jan 3 2070 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact variance to allow for use of a Proposal: single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District Planning File: 05-09 Applicant: Ga and Maureen Carlson Property 3891 West 62"d Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzer(Ool.chanhassen.mmus. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at http://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission, City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be Included in the report, please contact the Planning Staff person named on the notification, Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2005 at 7:00 p.m. Locatiorl City Hall Council Chambers, 7700 Market Blvd. Request for an after -the -fact variance to allow for use of a Proposal: single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District Planning File: 05-09 Applicant: Gar, and Maureen Carlson Property 3891 West 62n Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227.1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclavindustdal. • Minnesota Stale statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have somethingto be included In the report, lease contact the PlanningStaff arson nametl on the notification. his that, is neither a legally recorded map nor Is survey and is lwt intended to be used as are. his map is a omViIIatim of records, intormation and data located in various oty, camty, state and :decal offices and other sources regardng the area shown, and is to be used for rslarence urposes onty. The City does out warrant that the Geographic Infomation System (GIS) Data used f prepare this nap are error free, and the City does not represent thal the GIS Data can be used 1r navigabma, tracking or any other purpose requirng exuding measurement of distance or irection or preosim in the depction of geographic features. If enors or discrepancies are found lease colas 952-227-1107. The pmedng disclaimer is povided pursuant to Minnesota tatums; §41W,03, Subd. 21 (2000), mil the user of this rrep acknowledges that the City shall not e liable for any Barrages, and expressly waives al dents, and agrees to defend, indemnify, and old harmless the (Sty from any and all claims brought by User, its employees or agents, or third artier which arse Out of the use's access or use of data provided. his map is neither a legally recorded map nor a survey am is not intended to be used as me. his map is a conpilatim of records. information and data located in various sty, county, state and aderal Offices and Other Sources regarding the area shown, and Is to IR used for mfeo l e 'mosses only. The City does not warrant that the Geomaphic Infornatim System (GIS) Data used 3 prepare this rrap are anor free, am the City does not represent that the GIS Data can be used Dr navigational, tracking or any other purpose requiring exacting np3^,uremenl of distance or Inaction or preclsim in die depiction of geograpnic featuresff errors or bscnyrenoes are found Aerie contact 952-227-1107. The pracedng 6sdaimer is provided pursuant to Minnesota .latutes §466.03. Subd. 21 (2000). and the user of this nap ackrrowtedges that the City shall not is Made fa my Uarreges, and expressly waives all darts, and agrees to defend, in oury ily, and ad hamvess the City from any and all clams brought by User, ss employees or agents, or third eib- which adee Wt of the use's access or use of data mi, ided Public Hearing Notification Area (500 feet) Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd SL Subject Property c�a bane — ow m ��a "LakeViinia woof m � C C den C t �B Lake Minnewasht `��ee Qreslvew r v m 'u eCi m 1 JEFFREY R BERGE & LAUREANA VOUNG BOUALOUANG BRIAN R CARLSON 385E MEADOW DENISE E ZOEL LLMN 3884 MEADOW LN 3828 MEADOW CT 5 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 GARY CARLSON 3891 62ND ST W EXCELSIOR MN 55331 DAVID C & LISA A GAUPP 3870 MEADOW LN EXCELSIOR MN 55331 MARK F MACPHERSON 6301 CARTWAY LN EXCELSIOR MN 55331 RALPH A & SHIRLEY A NELSON 3800 MEADOW LN EXCELSIOR MN 55331 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD EXCELSIOR MN 55331 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 MEGAN J CARLSON C/O GARY & MAUREEN CARLSON 3891 62ND ST W EXCELSIOR MN 55331 JEFFREY F JEW ISON & LISA J W ECKW ERTH 3842 MEADOW CT EXCELSIOR MN 55331 WILLIAM J & KARI L MCREAVY 3790 MEADOW LN EXCELSIOR MN 55331 ROBIN S O'MEARA 3814 MEADOW CT EXCELSIOR MN 55331 PETER ALEXANDER THOMSON & CYNTHIA L GESS 4001 ASTER TRL EXCELSIOR MN 55331 DALE H COLLINS 10758 130TH ST GLENCOE MN 55336 DALE E & LINDA J KEEHL 3841 62ND ST W EXCELSIOR MN 55331 PATRICK L & BONNIE C MONAHAN 3801 MEADOW LN EXCELSIOR MN 55331 KATHY A SCHURDEVIN 3921 ASTER TRL EXCELSIOR MN 55331 TERRANCE LANE TOLL 6250 CARTWAY LN EXCELSIOR MN 55331 r�s p0 0 Sub = S F ` fFdd:��i t. 077771, I L-51- _ S w - ____-______ _ _♦4 ` - v F rI \ Al __-- ___-_-____ �r 9stb Is; 95<9 - 1 537.30 — 45<.♦ - - enx< - \ 1 sk t. d 4.0 C"OF CHMHA$ EN \ ` RECEIVED FN aANNINc �FP, ' . ti ,' TT INSPECTION REPORT �o0 l CITY OF CHANHASSEN, MINNESOTA 937-1900 INSPECTION FOR DATE 22 TIME TIME & DATE INSPECTION DESIRED ADDRESS_ 3 v ) LN/Jti PERMIT NO. CONTRACTOR TAKEN BY: WATER METER REMOTE t CORRECTIONS ,- "WWWWWGRM, ll ON A a i o corrections are listed above approval is hereby given t proceed, You wil a in violation of the ordinance if you do not call for the proper Inspections and make col rection as called for. PUBLIC SAFETY DEPARTMENT Building and Zoning Division "M Coulter Drive - P. O. Box 147 Chanhassen, Minnesota 55317 612 - 937-1900 APPLICATION FOR BUILDING PERMIT SITE _.. , -T- Annoeec 3 Address Tel. No. Name SA;IE _ off Address 00 0 ¢ City W. Tel. No. F---------------------------- License No. H. Tel. No. hereby acknowledge that I have read this application and state that the information a correct and agree to comply with the Chanhassen, Minnesota ordinances and the hate of Minnesota Iaws,regulating building construction. Signature of a . 'ermittee i CALL FOR ALL INSPECTIONS LISTED ON BUILDING CARD PHONE 937-1900 NO NOT WRITE IN THIS SPACE PERMIT ISSUED TO: GARY D CARLSON On the express cond on that all work shall be done in accordance with the ordinances and building codes of the City of Chanhassen and the State of Minnesota. This Permit is void if work is not commenced within 120 days or abandoned for 120 days. BuiAding Inspection Division By G APPROvALs MARSHAL: date: SERIAL NO. B 9574 YEAR BUILT C llri CITY OF DATE - - CHANHASSUEST. BUILDING VALUE_ RES. COM. IND. NEW EXISTING P.I.N. SUBDIVISION LOT BLOCK SECTION t NORTH HALF Building Plan Check Surcharge S.A.C. Sewer Surcharge Park Dedication Trail Dedication Water Unit Sewer Unit Water Meter Sales Tax PUBLIC SOUTH HALF Lj $ g AL-. $ f $ SEASON PORCH/ $ EXERCISE AREA $ License Fee $ Other Fee CROSTON CONTROL ESCWYJ$ Total if Assessed $ .':. Total'rf not Assessed $ ii'jb.11 cif';:. c9N DRIVERS LICENSE #: SIGNER .LUST BE CONTRACTOR, CONTRACTOR'SAGENT OR EMPLOYEE "•OFFICE USE ONLY" „• - u 11 1 YGJ Stan Review Fee ..................... �..0 .... =�5 State Surcharge .........................$r. "....... LicenseFee ....... ........ ......... - ............ ..... SAC Fee - (— units) ........................... . Sewer Surcharge ........................................ Park Dedication Fee ................................... Trail Dedication Fee .................................. Trunk Water Hookup ................................ . Trunk Sewer Hookup .................................. WaterMeter ............................................... SalesTax .................................................... Erosion Control Escrow .............................. • 00 .............................. TOTAL......... ........................................... 6 l� . ONE & TWO FAMILY DWELLING , cllmg square t ootage: st Level (basement) 2nd Level 3rd Level Jth Level inished Finished Finished Finished Jnfinished Unfinished Unfinished Unfinished iarage Square Footage: Attached Detached Tuck Under iVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ lumber of Baths: Full 3/4 1/2 Number of Bedrooms lumber of Fireplaces: Masonry Manufactured Other ?eck 3 Season Screen T nnd- V.A - '4TION TT e V.y one.& n n family dweilim Baseamt // Unfinished r` • T s,L ,r S11.65= FMLSI. new S21.65= Finish. exist, s.L c S10.00= vtn s t x Znmshed living a= 52 x II= > e 6dt s bout iaa M=a s X CGCK �+- x ?otc}t TOTAL Finished Unfinished Contact Person Phone: * -- Construction Type: ription of Work: S57.39= i Air ❑ Space Heat C Hot Water ❑ Steam ❑ S47.33= of Improvement r.000' = DE REVIEW OUTLINE must be submitted with application. S1oon 53000.= S 10.00 = $cmZ 313.00= i S.8wn i! S.L x S 24.00=amp- (,el s.i. x 317.72= 7 E OTHER IMPROVEMENTS Contact Contact 'Suction Type: Occupancy Classlfication(s): d Air C Hot Water C Sprinklered Yes ❑ No Occupancy Classification: Occupancy Classification: I v "Pan [ enam: l T(!s 12 y- ' (' v— l 5- f N Contact Person: JCv}-r.� Current Phone: LLB 3 �, Shed ❑ Deck ❑ Basement Finish ❑ Repair ❑ Remodel ❑ Addition�Fence ❑ Pool ❑ Demolition UST Removal C UST Installation Sign ❑ Fire Sprinkler ❑ FireAlarm [IGrading Reroof ❑ Fireplace Other ❑ Explain: �j c�Z ✓• i l \_ mil— �'✓ _ !7i . n �. /!� t I d_ �; �► Y P. L .. 1 B (Square Footage: ^ U C1 Dimensions Value of y-r}E+ ) O G SUB WITH CO CITY OF PROVED P >I 'NENT Z MUST ent T^iUM16ERS RE•.�x�IRtD a NO OCCUPANCY ALLOWED UNTat�►.1 roN�gs�y r �pY MLL BUILMNO INS09CTOR fl}�gagppp '" 'roject _--�-� ,•":ayye�''-N� UM �0.00 F"t`• L JC-CQ�� � S�Zt Wa3 L.VC�ca�� L PLUMBIN , HVAC AND ELECTRICAL `. 1I PERMITS D INSPECTIONS REQUIRED BEf0RI FRAMING INP�CTION rj b+c T-o i VED 'PR ECT TO CO PLIANCE s ES AND FIEL INSPECTION . 1 DE E Ccl � �Cavri+yvz INS, SURVEY M G. I j PEGS AND ER IT j E ON JOB S TE AT L TIMES CALL OR INSPECTI NS O a O1y 4 NGS FOU ATION (BEFO F M NG & SHEATHI G �p NSU TION H GYPS M WALLBOAR _F P ACE INA }} t W ; Hdear j 1 a a6, FILAR 4 VISE VISE6 SCALE: 1 SQUARE EQUALS 1 FOOT INSPECTION REPORT 1 CITY OF CHANHASSEN, MINNESOTA G � 9 7-1900,, INSPECTION F DATE TIME TIME & DATE SPECTION 3� DESIRED n ADDRESS A r/ q'/ *A o >-- "' PERMIT NO. ��/,T CONTRACTOR '-"' ' TAKEN BY: WATER METER REMOTE NO._ LOCATION_ CORRECTIONS If no corrections are listed above, approval is hereby given to proceed. You will be in iolation of the ordinance if you do not call for the proper inspections and make cor- rection as called for. Date Time Inspector ii ' INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937-1900 INSPECTION FOR _a DATE TIME / TIME & DATE INSPECTION DESIRE �h` `(d\�-�- ADORE SS"�/";'��`�/%`-^^NI.,�J_ t�N PERMITNO. qs 7� CONTRACTOR `�Yii L-C�]N "\ TAKEN BY:81 WATER METER NO. REMOTE NO. CORRECTIONS If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make cor- rection as called for. i z_�' Date Time Inspector n dtj INSPECTION REPORT IT OF CHANHASSEN, MINNESOTA 937-1 00 1 P T10 F DATE TIME zz TIME &DATE INSPECTION DESIRED � rG�- ram, ADDRESS VI/ `� � �iJ s fpERMIT NO.� CONTRACTOR TAKEN BY: WATER METER NO. qq REMOTE NO. t/ CORRECTIONS , 06 l 1 $FOAM n ��I.trw� �w�.�r OD ) (!"O'�✓�1 Ali r r If no corre ions are listed above, approval j6 Fbreby given to proceed. You Will be in violation of the ordinance if you do not call for the proper inspections and make cor- rection as called for. D e t Time Inspectors STOP DO NOT PROCEED amr;rlorftro :1111 �. �.�as N'A66EI'i 690 COULTER DRIVE CHANHASSEN; MN 55317 612-937-1900 FYt_21 PERMIT NO: „ot l�c,b yt!?ck UU0- '1 t 'Vy1')e bU11diIhI 1r"Pert-y Type tbetacheet •sInclie tamI iy (r '+) 1 '.-,'Strul7LIOf1 T'y1:,: Add tiof-% A-11'Jf ly ; M15c: Va#uatIOn. A g P ' P O L W 1 N C Y C:ARL',<)N E Gary Carlsc,n A .A x. i West b nd Street R 3891 west k:Lrid Sti,-,. TUts,or, MN `,3Ji C:xce isior, MN 51_1351 s t hereby acknowledge that I have read this application and state that the information is correct and agree to comply with the Chanhassen . Minnesota ordinances and the State of Minnesota laws regulating building construction. Signature of Permittee W This permit is conditioned upon compliance with: (1) specific conditions mentioned elsewhere on this permit; (2) The approved plans and specifications; (3) the applicable City approvals, Ordinances and Codes; and (4) the Minnesota State Building/Health Codes . This permit is for only the work described and does not grant permission for additional or related work which require separate permits. This permit will expire and become null and void if work is not started within 180 days or if work is suspended or abandoned for a period of 180 days any time after work has commenced. All required inspections shall be requested in conformance with the Minnesota State Building/Health Codes. APPROVED BY: Permit tee (Valuatiunl Plan ct-ieck, _surcharge 1 bus ldirtq, M15c. Fee 'Pi)`fAi SEPERATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE dNE & TWO FAMILY DWELLING Dwelling Square Footage: 1st Level (basement) 2nd Level 3rd Level 4th Level Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Number of Baths: Full 3/4 1/2 Number of Bedrooms Number of Fireplaces: MasonryManufactured Other Deck 3 Season Screen Value of Dwelling Excluding Land C COMMERCIAL AND INDUSTRIAL OccupanVfenant: Current Address: ❑ Alter ❑ Repair ❑ Addition ❑ Square Footage:_ on in Building: Descrij erect: Yes ❑ No ❑ Occupancy Classification(s): System: Gas ❑ Oil ❑ Electric ❑ A/C ❑ Forced e Value: Acreage: Value of Completed COMMERCIAL PERMIT REQUIREMENTS and COD D TENANT IMPROVEMENTS Building Manager: New ❑ Alter ❑ Repair ❑ Square Footage: Constn Description of Work: RVAC System: Gas ❑ Oil ❑ Electric ❑ A/C ❑ Forced Tenants: E OTHER IMYROVEMENTS Basement TOTAL Finished Unfinished VALUATION Tvne V-N. one & two fgazilvdwelliriL Unfinished s.f. a Finish, new s.f v Finish. exist. s.f. x Living Area s.f. x llafpshed living area J� s.f. x Baths >2 AfJ1 x barh Fireplace Manuf=L # x Masonry _ k x Deck s.f. x Porch Screened s.f x 3 Season s.f x a a e s.f. x S12.21 = $22.21 = S10.00= s60.i4 _ S50.54= S2000.= 1 S 1000. = S3000. _ S10.00= s 18.00= S 24.00 = S 18.49= i Sz Z eccupanyrenant: =61V, 17a to SC-1 Contact Person: ��Y Ct N N _ Current Phone: t i 5 Lr C 4 Shed ❑ Deck ❑ Basement Finish ❑ Repair ❑ Remodel ❑ Addition K Fence ❑ Pool Demolition ❑ UST Removal ❑ UST Installation ❑ Sign ❑ Fire Sprinkler C Fire Alarm Grading ❑ Rerroof C Fireplace ❑ Other ❑ E.�plain: �CS •�—rr d �� � � /i� E' CS r � E' G4'1 "��t"�'r'1'(t r G CS Square Footage: Z () t J()_Dimensions: Value of Improvement: r� Z, i En w Z w H r m Z O ¢) O Z \ CC LU \ Z U) OQr4. l F SM wQ� C Q O ZLL ¢� O w } ° f o — C") r � LU FZ S Z 02 a_ w Z$ ' �w Z OQ� p S wQ a_ _ M Z LL l O 1� } U W N Z t= \ u 2 c C u a a c c I W r o W Z Z � W O Q W U O 3 ¢ It a `\D J J� INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937-1900 Ur 2 INSPECTION FOR DATE TIME TIME & DATE INSPECTION DESIRED ADORE C� /2`�-+n R I NO. Iq006�/ CONTRACTOR- +�v (-�/v TAKEN BY:.. ✓' WATER METER REMOTE CORRECTIONS .77 -14?Oo It no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call fo he proper inspections and make cor- rectY as c led for. Dete Time Inspm or INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937-190b I INSPECTION FOfl "� DATE WATER METER REMOTE LOCAT CORRECTIONS TIME -- :r�K ST�s 6 "r A- � Z '/ '�i�✓65 uJ% o? 03 1�a+Jes¢.C.a� i.�J7-o It no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not ca the proper inspections and make cor- rection s called for. Date Time Ins ctor _\v F V z H m W V —V Y F- Q a F Oa. � o • Ul G7 O W O m M O V W Q i C 2 O z LL O ¢ J F o O !ed V ¢ O W a V ? v LL ¢ W w ¢ p ~ Z Z o I a O z w Q W 0 O `o U d Y to 0 0 �� mo — « U � N � V d c m� O NOw O «�j ivv d i p .o'o c p� o O tom' INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 9_37-1900 INSPECTION FOR L* t ., ]I LS ' DATE '� TIME TIME & DATE INSPECTION DESIRED `}' O C) ADDRESS}'til Ll 6 6/-"� PERMITNO.`2�"-��'�0 J CONTRACTOR LLI A- -L-Crk'� TAKEN BY:�11„ WATER METER NO. REMOTE violation of the ordinanc rection as called for CORRECTIONS ral is hereby given to prciceecF. You win be in call for the proper inspections and make cor- Z_,3-�ldc'-� /, 5' Date Time Inspector INSPECTION INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937-1,�'900 l y f- rc 'L DATE �/�/ ^�� TIME TIME & DATE INSPECTION DESIRED • `� r� ��(I' -Q L°v� � ! ADDRESS 1.�� !,]/1 PERMIT NO. C r�i��-'-->•^-•� CONTRACTOR TAKEN BY: — WATER METER REMOTE LOCATI VADDIPPTIrHJB Tr no corr tions are listed above, a proval is her t y given to oceed, u will be in violation o the ordinance if you do not call for t e proper inspections and make cat - recjn t�iioonn ass aI fled for. Date Time Inspector n ^ INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 937-1900 _ I °7 INSPECTION FOR ' DATE }/�L/ TIME 'y1-- TIME & DATE INSPECTION DESIRED /703 �/ 1,y/- ADDRESS _ J V I I N ll/ �� S PERMIT NO. I G`�' l 7 CONTRACTOR WATER METER NO REMOTE IS10ZOL11119 J CORRECTIONS TAKEN BY: _ If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make correction as called for. � sa Date Time Inspector (� ,' IINJrtkl 1 lull PStru" I �"' CITY OF CHANHASSEN, MINNESOTA 937-1900 INSPECTION " — DATE _tTIMEE TIME & DATE INSPECTION DESIRED �p 13 V 4. ADDRESSC L / 5; v "` iSMIT NO( 5/l CONTRACTOR -TAKEN BY:_S,__..._ WATER METER NO REMOTE NO. LOCATION t( CORRECTIONS -14::� A Am,` 7 LI A -IL I n -W al 0111 U In 114 « If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make correction as called for. -zD Date Time Inspector City of Chanhassen Complaint Form Date S(a nt Information Date: Last First Middle DOB 0✓! MJ�.t,S Address City State Zip Home Phone Work Phone Email Address Subject Information Last Isom First Address iAi. �p City i Home Phone Work 3 Middle DO State AN-0 Zip Email Address Complaint Information Type of Complaint Location Nuisance, Misc. Animal Debris Storage But ing Cod Fire Code Noise Criminal Parking Traffic Action Taken/Comments: Please check alibropriate box: Advisory Letter Certified Letter Certified Notice Referred to Street Dept. Referred/City Attorney Citation Issued Referred to CCSO El Referred to Engineering 7 Referred to Utilities Meeting Other: Resolution/Result: Voluntary Compliance Action Pending No Further Action Other: Phone Call aWarning Tag In -Person ❑ Court Referral Date entered into computer, g/safety/insp/form/Complaint Form jopedsVI awl oleo f NOIlVOO-1 'ON 310W3kf� ON 8313W H31VM AS N3MVl L/wI FiOlOVEIINOO 'ON llI SS3800V 03HI530 N01103dSN1 31V0 8 3WIl 3WI1 31pQ, aOj N01103dSN1 u 0061-L£6 V10S3NNIW 'N3SSVHNVH0 d0.1110 iklOd3Fd N01103dSNI City of Chanhassen METER No: 7700 Market Blvd. - PO Box 147 PERMIT No.:o203322 Chanhassen, MN 55317 952/227-1180 FAX: 952/227-1190DATE ISSUED: PRINTED WITHOUT ISSUING 11/27/2002 Address :3891 West 62nd Street PIN :257700070 Legal Desc :Subdivision SCHMID'S ACRE TRACTS :Lot Po6 Block 000 Parcel Permit Type :Building Property Type :Detached Single Family (r-3) Construction Type :Basement Finish Activity :Misc. Valuation :5,000.00 OWNER Gary Carlson 3891 West 62nd Street Excelsior, MN 55331 GARY CARLSON 3891 West 62nd Street Excelsior, MN 55331 The work for which this permit is issued shall be 3erformed according to : (1) the conditions of this Dermit; (2) the approval plans and specifications; (3) the applicable city approvals, Ordinances, and Codes; and, ;4) the State Building Code. This permit is for only the Nork described, and does not grant permission for additional or related work which requires separate permits. This permit will expire and become null and void if work is not started within 180 days, or if work i ssuspended or abandoned for a period of 180 days any :ime after work has commenced. The applicant is 'esponsible for assuring all required inspections are 'equested in conformance with the State Building Code. ssued by: Steven Torell, Building Official amity of Chanhassen Permit fee (Valuation) PLAN CHECK (BUILDING,ISTS) STATE SURCHARGE (BLD,PLB,HVA Total Iola I y �(,?7-6 $111.25 $72.31 $2.50 $186.06 SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. H ONE & TWO FAMILY DWELLING I" Level (basement) !ad Level 3rd Level 4" Level Total Finished Finished Finished Finished Finished Unfinished Unfinished Unfinished Unfinished Unfinished Designate Energy Code Compliance: MN Rules 7670 (CAT 1) _ or MN Rules 7672 _ Path 0 _ 1 _ 2 _ 3 _ 5 Garage Square Footage: Attached Detached Tuck Under HVAC System: Oil ❑ Gas ❑ Electric ❑ Forced Air ❑ Hot Water ❑ A/C ❑ Mechanical Ventilation ❑ Number of Baths: Full '/a %, Number of Bedrooms Number Future Bedrooms Number of Fireplaces: MasonryManufactured Other Deck - Sq. Footage 3 Season Porch - Sq. Footage Screen Porch - Sq. Footage Value of Dwelling EXCLUDING Land: /'.rTM "1RIMAT. ATan TWTTTTATRTAT Occupantrfenant: Contact Person: Current Address: Phone (H): (W): City: State: Zip: New ❑ Alter ❑ Repair ❑ Addition ❑ Other ❑ Square Footage: Construction Type: Location in Building: Proposed Use: Description of Work: Sprinklered: Yes ❑ No ❑ Occupancy Classification(s): HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Space Heat ❑ Hot Water ❑ Steam ❑ Land Value: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS D TENANT IMPROVEMENTS OccupanvTenant: Contact Person: Current Address: Phone (H): (W): City: State: Zip: Building Manager: Contact Person: Address: Phone (I): (W): City: State: Zip: New ❑ Alter ❑ Repair ❑ Square Footage: Construction Type: Occupancy Classification(s) Location in Building: Proposed Use: Description of Work: HVAC System: Gas❑ Oil ❑ Electric ❑ A/C ❑ Forced Air ❑ Hot Water ❑ Sprinklered: Yes ❑ No ❑ Adjoining Tenants: Name: Address: Occupancy Classification: Name: Address: Occupancy Classification: Proposed Use: Value of Improvement: SEE COMMERCIAL PERMIT REQUIREMENTS CHECKLIST FOR ADDITIONAL SUBMITTAL REQUIREMENTS E OTHER IMPROVEMENTS Occupant/Tenant: �� /y V A r, of Contact Person: (A A6L\ is Phone (H)4cz t/ 7 L, (Vi): 33 Addition ❑ Basement Finish Deck ❑ Demolition ❑ Fence ❑ Fireplace ❑ Grading ❑ Pool ❑ Remodel ❑ Repair ❑ ❑ Shed UST Installation ❑ UST Removal ❑ Other ❑ Year home was built `Remof Explain: 5^Cc o t C1. V` Square Footage: Dimensions: Value of Improvement:5a C� n. r, c ? g:\SateLyTorm\bidgVplicationibidgapplication. oc revised 11101 h APPROVED SUBJECT TO COMPLIANCE WITH CODES AND FIELD INSPE'CTIOW. :ITY OF CHANHASSEN BUILDING DEP i DATE LL.�`-- 5" NCONTRASTING UMBERS REQUIRED SE MIN. 5' ABOVE GRADE APPROVED PLANS, SURVEY, MFG. COMPONENT SPEC'S AMID PERMIT CARD MUST BE ON JOB SITE AT MINIMUM ALL TIMES HEIGHT -17 L NO OCCUPANCY A1,0WES ' UNTIL FINAL INSPECTION AND AyAL CALL BUILDING INSPECTOR 937- PENALTY-MAXIMUM $500.00 FINES \ I Moisture -resistant materials re in showers. Water-resistant gt may NOT be used over vapc 7'- IT UL �< A smoke detector, audible In an PRESSURE TREATED sleeping areas, Is required on all BOTTOM PLUMBING, HVAC AND ELECTRICAL PERMITS AND INSPECTIOq$ REQUIRED BEFORE FRAMING TION � a o33a a CALL FOR IN levels and in each sleeping area PLATES REQ'D Including existing sleeping areas Basements and everyi sleeping room shay have at least one window with a sill height of not more than 44"lahove the floor and shall provide not less than 5.7 so. ft. of operable area with no,width less than 20" and no height less than 24". -FOOTING/` -- HANDRAIL _ —FOUND WALL REINFO4fNG 34" - 38" ABOVE TREAD NOSINC E-B-ACKFiLL INSPECTION �AN!{NG & SHEHTFiiNG 4ZINSULAT LATH retarder. Provide Outside Combustion �DRYWA Air To Furnace Area of tin FINAL� Retum Bin $� ?FINAL FIREBLOCK ALL SOFFITS AND DROP CEILINGS INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 952-227-1180 INSPECTIONFOR—' AL/` J' '— qf4", DATE —TIME — TIME & DATE INSPECTION DESIRED ADDRESS 3� I "" ^� PERMIT NO. CONTRACTOR WATER METER NO. REMOTE LOCATION CORRECTIONS TAKEN Make corrections as listed above and schedule a re -inspection. You may not cover, conceal or proceed with construction in any areas that require correction until authori d fby the buildings offciial. Date J T' Ime nspe=r 3 n INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA Y 937-1900 INSPECTION FOR /` DATE) TIME & DATE INSPECTION DESIRED 's U�-"' 1 TIME L/ ADDRESS �{.� " 2/2 4/ PERMITNO. v��� CONTRACTOR C�. ` (/ - l� � —TAKEN BY. WATER METER NO REMOTE NO. LOCATION CORRECTIONS If no corrections are listed above, approval is hereby given to proceed. You will be in violation of the ordinance if you do not call for the proper inspections and make correction as called for. Date Time r— Inspector INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA �9/52-227-1180 INSPECTIONFOR1 TIME & DATE INSPECTION DESIRED _T//,^,_(R) y / '� z <� ADDRESS 1 4Ll� �� "PERMIT NO. s9 `7 y l ., TAKEN BY: WATER METER NO. REMOTE LOCATION CORRECTIONS Vl WC.� (J4�Ltl�;iG r Make cDlrections as listed above and schedule a re- spection. You may of over, conceal or proceed with construction in any areas that require correction until authorized byrthe building official. L � /L Date Time �� f nspec or j INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 952-227-1180 INSPECTION FOR ' `'-`• DAt�LTIME TIME & DATE INSPECTION DESIRED a ADDRESS 3 � 71 .� - &a. ��ERMITNO. ad CONTRACTOR (" TAKEN BY. i WATER METER NO. REMOTE NO LOCATION CORRECTIONS ZQ 3SZZ At Vo)C) — r. Make corrections as listed above and schedule a re -inspection. You may not cover, conceal or proceed with construction in any areas that require correction until authorized by the building official. Ti a T Inspector CITY OF CI1t1l1I1HIJSEN February 12, 2003 7700 Market Boulevard PO Box 147 Chanhassen, MN55317 Mr. Gary Carlson 3891 West 62nd Street Administration Excelsior, MN 55331 Phone:952.227.11 t10 Far. 952227.1110 Dear Mr. Carlson, Building Inspections Phone: Fax:95z.z27.1190 .952.227.1190 Thank you for the opportunity to conduct an inspection of our home on Y PP tY P� Y January 28, 2003. I have also received a letter from your attorney dated Engineering January 30, 2003, which describes the use of your home. The code issues Phone: involving our home will be addressed in three arts: 1) Existing rental g Y P g Fax:9sz221.1no 52227.1170 dwelling units on the south end of the building; 2) Dwelling units in the Finance addition on the north end of the home; and, 3) Zoning Violations. Phone: 952.227.1140 Fax: 952 227.1110 11 Rental dwelling units, south end of building: Park & Recreation Phone:952.227.1120 The two dwelling units on the south end of your home have been rented to Faz:952.221.1110 tenants since approximately 1982. In 1988 the city determined that this use, Recreation center 2310Coutter8oulevard although non -conformity could continue if the use was not expanded or gh g. P Phone:952227,1400 enlarged. Fax: 952.227.1404 During the inspection, I found that the lower level unit had a living room, Planning & Natural Resources kitchen, bathroom and two rooms that appeared to be bedrooms on the west Phone:952227.1130 side of the unit. These rooms did not have complying egress windows. There Fax: 952.227.1110 were no beds in these rooms; the bed was located_ in the living room, where Public Works you stated the tenant sleeps. The entrancelexit door was located in the living 1591 Park Road room, Phore:952.227.1300 Fax 952.227.1310 The upper level unit consisted of a living room, kitchen, bathroom and two Senior center bedrooms. The bedroom on the south side did not have a complying egress Phone:952.227.1125 window; the bedroom to the north appeared to have a complying egress Fax: 952.227,1110 window. Web She www.cl.chanhassen.mn.us These rental units are now required to be licensed in accordance with City Code Chapter 10, Article VIL which was recently adopted. As part of the licensing, the units must meet the requirements of the city's property maintenance code. You will be receiving information in the mail in the near future which will explain the licensing requirements and inspection process. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. t Mr. Gary Carlson February 12, 2003 Page 2 Until such time that these units receive licenses and inspection approval, the three rooms identified above that do not have complying egress windows may not be used as sleeping rooms. To do so is in violation of city code. 2) Dwelline units, north end of building There are two dwelling units in the addition on the north end of the home. Permits to construct the addition were obtained in 1996 and 1997. The permits were given final approval in April of 1999. At the time of final inspection, the lower and upper level portions of the addition were unfinished. Since that time, both the upper and lower levels of the addition have been finished, and are now dwelling units, with separate facilities for sleeping, eating, cooking and sanitation. The work was completed without obtaining the required permits. The construction does not meet the requirements of the building code for a multi -family building, and the lower level dwelling unit does not have complying egress windows. To occupy these units is a violation of the building code. Permit #0203322, which was issued to you on November 27, 2002, for finishing the lower level, is hereby revoked in accordance with UBC Section 106.4.5. The permit was issued based on information that was incorrect and therefore issued in error. Plans you submitted on January 31, 2003, cannot be approved, as the use is in violation of zoning regulations as outlined below. The lower level dwelling unit was vacant on January 28, 2003, and must remain vacant until such time that it is in compliance with city code. The dwelling unit on the upper level must be vacated by March 3, 2003, and must remain vacant until such time that it too is in compliance with city code. The zoning violations outlined below must be addressed before a determination can be made as to what is required to bring the upper and lower levels of the addition into compliance with the building code. I ask that you schedule an inspection for March 3, 2003, to verify that the units have been vacated as requested. You also must act within the same timeframe to resolve the zoning violations. If you do not respond as requested, this matter will be turned over to the City Attorney's Office for immediate action. 3) Zoning Violations: You were given a letter from the city in 1988 stating that the two dwelling units in your home were legal non -conforming. A legal non -conforming use by city code cannot be expanded, intensified, replaced, structurally changed or I Mr. Gary Carlson February 12, 2003 Page 3 replaced except to lessen the non -conformity. (City Code 20-72). It is my interpretation that you have created a multi -family dwelling — a detached building containing three (3) or more units (City Code 20-1). With the addition to your non -conforming structure you are in violation of the city's zoning ordinance. Your property is zoned Residential Single Family which permits only one (1) Single Family detached dwelling unit. You must immediately cease the renting of your additional units. Your only relief from this requirement is to request a rezoning of your property (City Code Section 20-42). It is unlikely the staff would support a one lot rezoning in the middle of a single-family residential district. Or, you may request a zoning appeal (City Code Section 20-28(2)) if you believe that there has been an error in the decision or determination made by an employee. In this instance, it was our interpretation of your dwelling as a multi -family dwelling that is the violation of the city code. Again, you must stop renting the additional dwelling units immediately. Please contact me if you wish to pursue either option I have identified to resolve the zoning issue. My telephone number is 952-227-1137. If you have building code questions, contact Steve Torell at 952-227-1199. Sincerely, KOR. nson Community Development Director AvenB. ell Building Official pc: Roger Knutsen, City Attorney Robert Reid, Building Inspector Mark Littfin, Fire Marshal Mr. Gregory Miller, Mansfield Tanick & Cohen P.A. Property file: 3891 West Wd Street @/safety/st/Itrs/OccupancyNiolations/3891 62' Street2 f. TIME & DATE INSPECTION DESIRED - _L_ ADDRESS �" J�MIT NO. CONTRACTOR TAKEN BY. C�J WATER METER NO. REMOTE NO LOCATION CORRECTIONS L • �c✓M�l 3 -Sfa, v 'Fc,Yc-k qox 1�raws 2�/ x zy g— 2 Z' 7 / e l l �✓Pu�i7 irrt iw1. � S {�' y �✓ / �a�2�umti� q"<<'q 7 S v? �Jo�lc e✓ % wtav Mai 1rl Vfff ti tguw UA4A,'54 To: Jo.Sti Date: From: Il f c.., ❑ FOR YOUR COMMENTS ❑ FOR YOUR APPROVAL ❑ TAKE APPROPRIATE ACTION ❑ CALL ME ❑ SEE ME ❑ REPLY & SEND ME COPY COMMENTS FOR YOUR INFORMATION NOTE & RETURN ❑ NOTE & FILE ❑ FOR YOUR SIGNATURE ro �Ja.3.ic.r� L tl Gj— ® Coppgat 1969, 19T0—Laurel Once Aida, Inc., Browtile, N.Y. 10706 V.W. Eimicke Associates, Inc., Biomille, N.V. 10709 Tel. (914) 337-1900 • Fax (914) 337-1 ]23 Distn0ute0 in Canada solely by V.W. Eimicke Ltd., Peteib mugR, Oraano Tel. (705) 743-12 • Fax (705) 743-9994 PRINTED IN USA Form OA-4 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 Date: February 15, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District located at 3891 West Vd Street, Gary and Maureen Carlson. Planning Case: 05-09 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 11, 2005. The 60day review period ends April 12, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 4, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official £ Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd St. Subject Property m Cy � � Sza Lake Virginia i c e P. wood Cy 1 3� �n 7.e •,� tc uJ2m 0 3D �`rywop � �a .c oden Cif G PWeo s �� e Lake Minnewasht w r m a m M e Cir u ^ c v- a rry a Gary D. Carlson 3891 West 62nd St. Excelsior, MN 55331 January 10, 2005 City of Chanhassen Chanhassen City Council and Planning Commission Re: Variance for two-family dwelling Dear Sirs: CITY OF CHANHASSEN RECEIVED FEB 1 1 2005 CHANHASSEN PLANNING DEPT The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1). There is demonstrated need based upon disability, age or financial hardship. Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her motor abilities. She is 22 years old and requires a full time caregiver which must be in living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in which Molly currently resides. These quarters are directly connected to Molly's living area. They are currently occupied by her sister who is her county authorized Personal Care Attendant. If for any reason her sister can no longer provide the services as her PCA, this variance would allow someone else to live there and continue to meet Molly's needs. Also attached is a letter of further verification of Molly's disabilities from her county developmental disabilities case manager. Respectfully, Carlson Il/ �# //�SO4 SCAMED ,flu l� y CmxrCotmty 1855-2005 Community Social Services Human Services Building 602 East Fourth Street Chaska, Minnesota 55318-2102 Phone (952)36M600 Fax (952) 36I-1660 February 10, 2005 Chanhassen City Council Chanhassen, MN 55317 RE: Molly Carlson Dear Chanhassen City Council: I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother & court -appointed guardian..I am Molly's developmental disabilities case manager at Carver County Social Services. Molly has been on my caseload since January of 2001. . She is 22 years old and has -diagnoses of spastic quadriparetic cerebral palsy and borderline intellectual functioning. Molly's physical disability requires that she have 24- hour supervision and assistance for all of her activities of daily living & personal cares. She requires the availability of a personal care attendanVcaregiver in close proximity of her except for very brief periods of time. If you have any questions for me, please obtain a signed release of information from Molly's guardian. I can be reached at 952-361-1616. Thank you. Sincerely, Q�r Deb Andersen Developmental Disabilities Case Manager Carver County Social Services Equal Opportunity Employer SCANNED Printed on 304b Post -Consumer Recycled Paoer --1 I LAMfv IV F 11 9. • •s{�/, 1 �,y A 1 y y Jp�wq�]• " •w. - -------- ---------- - - _ # ,'�,•• 11\ 1 \ .._ .... M _.._F. r. P FY.N-._ P. ,,�', ••v _�.\ .''� �'� •y � \1` � •� r - LL" i `I -- - /`. ��\ •1. \ `,y Imo; I'�/ ( / CITY OF GHANHASSEN RECEIVED Ft6112005 CHANHASSEN PLANNING DEPT SCANNED �7-77r F77--r CO —LA L /-x w M Wi Al� Ot All= ir. G Car' son ;89 1 r62.dS, td 1., C• 1 Mr. Gary Carlson 3891 W 62nd St ._ t t f Mr. Gary Carlson 3891 W 62nd St [d /qp o t A -AI *I1'JI , Q-:a , ! _ xwoci 3 00 Lj 1 1 U r n I I " I b I I S AV" 1 1 1 H I , At M 1 ' 4 / p ♦ h / � / / / / I I r 1 H , / o! % a 1 I CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell (651) 452-5000 Roger N. Knutson Thomas M. Scort Fax (651) 452-5550 Elliott B. Knetsch Joel J. jamnik +++ Andrea McDowel' P^vehler ft eC Dial: (E51) 534- M Matthew K. Brokl* .E-mw[Address: rkmtson ck-law.com *Al. b..d m wi¢m,dn March 31, 2003 Mr. Gregory M. Miller Mansfield, Tanick & Cohen, P.A. Attorneys at Law 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 RE: GARY CARLSON PROPERTY / 3891 WEST 62ND STREET Dear Mr. Miller: John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt I represent the City of Chanhassen. Steve Torell, the City's Building Official, asked me to review the correspondence concerning the Gary Carlson property. The two additional dwelling units that were created as a result of the 1996 addition to Mr. Carlson's home violate the City's zoning ordinance. These areas within the home are used as independent living quarters. If the violation continues, a citation will be issued. RNK:srn cc: Steve Torell, Building Official BY: Roger Is' Kndtsen Chanhassen City Attorney tj'gt APR d 2003 CHANHASSEN INSPECTIM Suite 317 • Eagandale Office Center 0 1380 Corporate Center Curve 6 Eagan, MN 55121 \\ CO § § k INSPECTION REPORT CITY OF CHANHASSEN, MINNESOTA 952-227-1180 INSPECTION FORS � `� +I/I— J 7-7 (Z:2677,(),44 TIME TIME & DATE INSPECTION DESIRED /�` ADDRESS rj�v + y V L ////[LQ�9�""' PERMIT NO. ACA _fZy WATER METER NO. REMOTE I110'.9tU10721 CORRECTIONS -1 -1 - —4—1 -_n % i:.. J _ If . /. AIX-- Make co ections as listed above and schedule a re-lKspection. YDu may not cover, conceal or proceed with construction in any areas that require correction until author zed by the building official. a z 5 =sue 15/z OL Date Time Inspector i JAN. 15. 2003 11:40AM MANSFIELD TANICK CHN NO. 990 P. 2 Mansfield Tanick @ Cohen P.A. Attomays of Law Via iaesiniiLe and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 January 15, 2003 Re: Mr. Gary Carlsollut Dear Mr. Torell: RECEIVED JAN 15 2003 CNAMNASSEN INSPECTIONS I am in receipt of a copy of your correspondence to Mr. Gary Carlson, dated January 7, 2003. Please direct future correspondence regarding this matter to my attention. I also have had an opportunity to meet with Mr. Carlson to discuss the contents of the correspondence and the improvements that have been made to the above referenced premises. He has asked that I correspond with you (and hopefully we can discuss these matters telephonically as well) regarding the resolution of your concerns. It is important to note that in my conversations with Mr. Carlson, he made it clear that, at no time, has he purposely attempted to mislead anyone regarding the improvements or the occupancy of his property. He further was previously under the impression that he was in good standing with his rentals and with the City regarding the improvements. He is obviously willing to participate in any inspections or obtain any permits as may be necessary for the improvements. Mr. Carlson acknowledges some delays in the inspection process as a result of the grave illness of his father (who was residing at the premises) and who passed away a few weeks ago on Christmas Eve. I have attached, for your review, a copy of correspondence from the City of Chanhassen, dated July 5, 1988, wherein the City acknowledged the existence of the rentals at the property and grandfathered them in on certain conditions. It is of primary importance to note that Mr. Carlson has not expanded or enlarged the rentals at his property. The two rental units remain as they were on the date of the attached letter. Mr. Carlson has upgraded certain of the mechanicals for the house. I believe that these two rental units are occupied by Mr. Rog -hair and Ms. Clapp. As you are also aware, Mr. Carlson added an addition onto the premises in 1997. You may not be aware that this addition was for the benefit of W. Carlson's handicap daughter, Molly. The addition was built with handicap accessible facilities on the main floor. Molly 1700 Pillsbury Center South rel 612.339.4295 Aff xttoma;e rc=d in Mmneaxa. 220 South Sixth Street fax 612.339.3161 Am gTeha Vetmedm Minneapol ;, MN 55402-4511 w .mansficldtanick.com COWAN, Do"=ofCommbb fir'.4 New York arrd W=AJL . 8mndi affim in seine Peal med Scrim L.I.Palf Minmow McmF.cr. Gmytr Am;ja cl Worfdwida(VViq and Ny6W'k oftvaring Lew Firms Mansfield Tanick ® Cohen PA, AtWmeA at Caw Mr. Steven B, 7orell January 15, 2003 Page 2 requires a motorized wheel chair and special computer equipment for communication. Mr. Carlson's other daughter Megan lives above Molly on the second story of the addition (together with her husband) and assists with Molly's care. A family friend, Rose Fields also lived with my client and assisted with Molly's care (Ms. Fields is in the process of moving). As my client is willing to participate in any necessary inspection to determine the conformity with applicable codes, I would request that your determination that the property is "unsafe" be withdrawn. My client's only request is that the inspections be arranged in a manner so as to not be intrusive or upsetting to Molly and the tenants, If the inspections could be arranged one at a time we would greatly appreciate it. My client would also like to work with you to determine which items remain to be completed from any previous inspection. - I would appreciate the opportunity to discuss this matter telephonically at your earliest convenience. Very truly yours, eMM/ld Enclosure CHANNASS� 1NSPE�'tQNS CITY OF rualumsarTa 1i11A111 doll 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227,1110 Building Inspections Phone: 952.227.1180 Fax: 952.227,1190 Engineering Phone:952227.1160 Fax: 952.227.1170 Finance Phone: 952227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227,1130 Fax: 952,227.1110 Public works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952,227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us January 6, 2005 Gary Carlson 3891 West 62nd Street Excelsior, MN 55331 Re: Variance for two-family dwelling Dear Mr. Carlson: Your property is zoned Residential Single Family, RSF. The RSF district permits one single-family dwelling unit per parcel. Previous inspection of your property revealed the use of a single-family dwelling unit as a multi -family dwelling. Chanhassen City Code defines a dwelling unit as follows: Dwelling unit means one (1) or more rooms which are connected together constituting complete, separate and independent living quarters, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating„ sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. The City understands that you are entitled to two rental units as a result of grandfathering; however that is not the issue. The dwelling units in question are those contained in the home addition that was built in 1996-1997, which your daughters live in. You made a verbal agreement with the City in early 2004 to apply for a variance to allow a two-family dwelling in the RSF district. The section of Chanhassen City Code pertaining to this issue is 20-59 and reads as follows: Sec. 20-59. Conditions for use of single-family dwelling as two-family dwelling. A variance for the temporary use of a single-family dwelling as a two-family dwelling may only be allowed under the following circumstances: (1) There is a demonstrated need based upon disability, age or financial hardship. (2) The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one (1) driveway and one (1) main entry. (3) Separate utility services are not established (e.g. gas, water, sewer, etc.). (4) The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. To date the City has not received a variance application. If a variance is not applied for by January 28, 2005, this matter will be forwarded to the City Attomey's Office for immediate action. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mansfield Tanick : Cohen P.A. Attorneys at Law March 29, 2004 Mr. Nathan Bouvet City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Bouvet: My client, Gary Carlson, has advised me of a conversation with a representative of your department wherein a meeting of the concerned parties was discussed. Please provide to me your availability to meet and how long you think the meeting should be. I will try to be flexible in schedule such a meeting. Thank you for your assistance in this matter. cc. Gary Carlson 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 Branch offoces in Saint Paul and Saint Louis Park, Minnesota Very truly yours, MANSFIELD TANICI & COHEN, P.A. egory M. Her tel 612-339.4295 fax 612.339.3161 www.mansF,eldmnick.com Member: lawyers Associated Worldwide (LAW) and Network of Leading Law Firms RECEIVED MAR 3 0 2U4 CITY OF CHANHASSEN All autmeln lioensed in Minnesota. Attorneys also hansednr Califomla, Dis aofColumbia, Illinois, New York and Wivanxin. .Q. Mansfield Tanick0Cohen P.A. Attorneys at Low March 19, 2004 Mr. Nathan Bouvet City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Bouvet: MAR 2004 CITY Of CI-IAanJJ-iAS;EN My client, Gary Carlson, has forwarded to my office a copy of your March 12, 2004 correspondence wherein he is notified of a non -conforming use at his property in the City of Chanhassen. Please direct all future correspondence to my attention. You may not be aware, however, I corresponded with the City regarding this issue, and even met with certain City officials and inspectors last year. That correspondence can be located in Mr. Torrel's file. Without recounting the minutia of this matter, the following are important facts: 1. Mr. Carlson is entitled to two rental units as a result of grandf ithering. 2. Mr. Carlson does not rent any other part of his house, except those areas which are grandfathered. 3. The balance of the addition to Mr. Carlson's house is occupied by his two daughters. One who is severely handicapped and requires constant attention (first floor), and the other daughter who assists with the care of her sister (second floor). The rooms located in the addition do not meet the definition as "dwelling units" as they are not exclusive or independent. Additionally, except for the allowed rentals, all those residing in the premises meet the City's definition of "family" for zoning purposes. If you would like to discuss this matter further, I would be available at 612-339-4295. Very truly yours, MANSFIELD TANICK & COHEN, P.A. ego ler cc. Gary Carlson 1700 Pillsbury Center South tel 612.339.4295 Al) amrng, kem .d In Mln.w, 220 South Sixth Street fax 612.339.3161 A"omeysalsohcensedin Minneapolis, MN 55402-4511 w .rnansfieldtanick.orn Cnlitixnw, Oi:via ofCoJombio, Illinois, New York and Wisconsin. 6 o Bmach l%Inn in PoYIGnd Saint Louis Pork, Minnesota Member Lawyers Assadated Worldwide (LAW) and Network of Leading law Finns March 12, 2004 Cll 1 OF Gary Carlson CII►11TII�ppp3891 West 62nd Street iiiillli SEN Excelsior, MN 55331 T700 Market Boulevard PBox Re: Noncompliance with City Rental Licensing Code Chanhassen, MNN 55317 Administration Dear Mr. Carlson: Phone: 952.227.1100 Faz:952.227.1110 Staff conducted an inspection of your property and discovered that it is not in compliance Building Inspections with City Code. This letter is to formally notify you that your property is in violation of Phone.952.227.1180 the zoning ordinance. Fax:952.227.1190 Engineering Your property is zoned Residential Single Family, RSF. The RSF district permits one Phone:952.227.1160 single-family dwelling unit per parcel. The City's definition of a dwelling unit is one or Fax: 952.227.1170 more rooms which are connected together constituting complete, separate and Finance independent living quarters, physically separated from any other room or dwelling unit Phone:952.2271140 which may be in the same building and containing permanent cooking, eating, sleeping Fax:952.227.1110 and sanitaryfacilities for the exclusive use of a single family maintaining a household. Park a Recreation The inspection of your property revealed the use of a single-family dwelling unit as a Phone: 952.227.1120 multi -family dwelling, as defined by the above definition. The structure is being used as Fax:952.227.1110 a multi -family dwelling without a rental license and other approvals required by the city. Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Cease and desist rental operation in order to rectify this. You have the right to apply for a Fax:952.227.1404 variance to allow a two-family dwelling in this district Sec. 20-59 Conditions for use of single-family dwelling as two-family dwelling, and apply for a rental license. Planning & Natural Resources Phone: 952.227.1130 If you believe this letter is written in error, or you believe your property is a legal Fax:952.227.1110 nonconforming use, then you have the right to appeal this decision as stated in Sec. 20-28 Public works Board of Zoning Adjustments and Appeals. Otherwise, you must cease and desist your 1591 Park Road rental use immediately upon receipt of this letter. Phone: 952.227,1300 Fax:952.227.1310 Thank you for your cooperation on this matter. Should you have any questions please Senior center feel free to contact me at 952-227-1132 or by email at nbouvet@ci.chanhassen.mn.us. Phone. 952.227.1125 Fax:952.227.1110 Sincerely, Web Site www.ci.chanhassenninnus �c \ v Nathan Bouvet Planning Department c: Kate Aanenson, Community Development Director gaplan1nb\rental Iicensing\3891 west 62nd streatclm The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mansfield Tanick a Cohen P.A. Attorneys at Law February 17, 2003 Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Gary Carlson Property Dear Mr. Torell: FEB 19 2003 CHANHASSENINSPEGMONS Thank you for your correspondence dated February 12, 2003 regarding I& Carlson's property. In reviewing the items discussed, it is apparent that certain clarification is necessary, particularly regarding the designation of the property of a multi -family dwelling. Obviously this designation has a significant impact upon the building codes and other use issues related to the property. Key to our discussion is the definition of "renting." Since Chanhassen acknowledges the prior existence two rental units, and therefore the grandfathering of those units, it appears the areas of the house that remain dispute relate to the addition where Mr. Carlson's children reside. In your responsive voicemail to me on Thursday of last week you stated that you were not concerned with whether the children were actually paying rent. It appears that you are deeming this addition to be rental units primarily because of the existence of separate bathrooms and kitchenettes. As stated previously, Mr. Carlson's intention for the second level of the addition was always to house those who were helping with the "in home" care of his handicap daughter, not as a rental. In light of the above, it is apparent that Chanhassen approaches multi -housing issues different from other cities. I would request that you assist me by providing copies of your code relative to the definitions of "renting" and "multi -unit" buildings and the related codes. Please also provide tome copies of any building code or zoning code that you allege Mr. Carlson is in violation of. Moreover, my client wants to stress that the Chanhassen inspectors were, in fact, on the second floor of the addition while it was under construction and observed the 1700 Pillsbury Center South tel 612.339.4295 Allauarnrys lxeawdIn mnn.s . 220 South Sixth Street Fax 612.339.3161 - AnaniSs alwhad in Minneapolis, MN 55402-4511 w .mansfieldtanickcom G6fomia, DisM¢a%Glumbia, Illinois, New Yorkand WY ansln. Bronrh o�rrs in Seint Paul and Saint taws Park, Minncata Member. LowimAsodated Worldwide (LAM and Network of Leading Law Fimu Mansfield Tanick 0 Cohen P.A. Attorneys at Law Mr. Torell February 17, 2003 Page 2 improvements as built. I understand that the inspectors noted "O.K. to occupy" on one of the inspection reports. My client would like to find an alternate resolution to this issue, given the stated requirement that Molly's home health care provider have to vacate the house. I believe a meeting can be productive, however, in all fairness, a resolution that would require Mr. Carlson's family members to vacate their house would be untenable. I appreciate your ongoing assistance in this matter. Very truly yours, MANSFIELD TANIC & COHEN, P.A. o . Mi r GMWld cc: Gary Carlson .o . Mansfield Tanick 0 Cohen P.A. Attorneys at Law Via Facsimile and U.S. Mail Mr. Steven B. Torell Building Official City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Mr. Gary Carlson's Inspections Dear Mr. Torell: January 30, 2003 This letter is to follow up -our conversation earlier today wherein we discussed the inspections that were conducted at the home of Gary Carlson. As we discussed, my client is willing to take steps necessary to remediate those issues relative to the deficient permits. Moreover, this letter is to confirm the usage of my client's property that we discussed earlier today. As we discussed, my client's addition includes three levels; basement, main floor and second floor. The main floor is currently occupied by my client's disabled daughter, Molly. The second floor is currently occupied by my client's other daughter and her husband. This daughter participates in the care of Molly which, as you are probably aware, is a 24 hour care situation. The basement of the addition is currently unoccupied and my client has no intentions of using the space as a rental unit or bedroom space. Currently, there are two occupied rental units in the property, both of which I understand you had an opportunity to inspect and review. Please advise me of the inspection reports and or letter of action that you may be preparing and sending to Mr. Carlson. I would like to participate in this process through its resolution. I appreciate your ongoing assistance in this matter. 1700 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402-4511 8mnd, ohms in Saint Paul and Sains Lours Pork. Minnesota tel 612.339.4295 fae 612.339.3161 www. mansfieldtanick.com Member. Lawyers Asooated Worldwide (LAW) and Network of Leading Law Firms n, 69 doF CT/O,s Allmar'r Ii med in Minnesota. Adome a also Ftensed in Cofifamu, D3oict of Columba, lllirab, New York and Wo oosin. January 7, 2003 Mr. Gary Carlson { 3891 West 62' Street 4��M IV,I wOF ���� Excelsior, MN 55331 v1` uLii Dear Mr. Carlson, 77N Market Boulevard PO Box 147 This letter is to inform you that the City of Chanhassen has reason to believe you Chanhassen, MN L317 are renting portions of your home, located at the above address, to as many as Administration four different tenants. We also have reason to believe that these tenant spaces do Phone: 952227.1100 not comply with the building code and fire code requirements for a multi -family Fax: 952.227.1110 dwelling. You have also performed work in your home without first obtaining the Building Inspections required permits from the city and you then provided false information on plans Phone:952.227.1180 submitted for the purpose of obtaining said permits. Fax: 952.227.1190 Engineering The use of your home in this fashion, and the non -permitted building alterations, Phone:952.227.1160 is in violation of Chanhassen City Code and the Uniform Building Code, sections Fax:952.227.1170 102, 104.2.5 and 106.1. The home is therefore determined to be unsafe. The use. Finance of your home as a multi -family dwelling is hereby ordered to be discontinued. Phone:952.227.1140 All residents occupying dwelling units in the home, which are found to be in Fax 952.227.1110 violation, must vacate the building no later than February 3, 2003. Occupancy of Park & Recreation these dwelling units will not be allowed until such time as the building is - Phone: 952.227.1120 determined to be in compliance with all the requirements of the Chanhassen City Fax 952.227.1110 Code and the Minnesota State Building Code, Aeraeation Center 2310 Coulter Boulevard You must contact me by January 15, 2002, to schedule inspections of the building Phone: 952.227.1404o to determine which areas of the home are in violation and to verify that this order Fax 952.227.1404 has been complied with. You must also notify any affected tenants. Failure to Planning & comply in the given timeframe will result in this matter being forwarded to the Natural Resources , Phone:952.227.1130 City Attorneys Office for immediate action;:_ I .can U.e. reached.at 952-227-1199, Fax 952.227.1110 Public Works Sincerely, 1591 Park Road Phane: 952227.13W /^ Fax 952.227,1310 Senior Center Ste n . T re Phone: 952227.1125 Building Official Fat: 952.227.1110 Web site CC: Kate Aanenson, Community Development Director www.ci.chanhissen.mn.us Mark Llttfin, Fite Marshal Bob Reid, Building Inspector Roger Knutson, City Attorney Suspected tenants: Alan & Megan Moore, Rose Fields, Lee Roghair, Clapp Property file: 3891 62nd Street g:/safety/br/gary carlson l The City at Chanhassen • A growing community with clean lakes, qualityschools, a charming downtown, ihriving businesses, winding trails, and beaulilul parks. A goat place to live, work, and play. City of Chanhassen Complaint Form fiW C Date Received:, 0/ 1 S /b �i­ I Received by: S I Review Date: omplainant Information I ZSL Address I City Home Last First Middle D013 Ca �S ova Address ��� (t✓. n� City �G �4 SS e \ State Ztp Home Phone Work Phone Email Address Complaint Information Type of Complaint Location Nuisance, Misc. Animal Debris Storage Btu ing Cod Fire Code Noise Criminal Parking Traffic Action Taken/Comments: E u 1014) Please check a0propriate box: Advisory Letter Certified Letter Certified Notice Referred to Street Dept. Referred/City Attorney 7 Citation Issued Referred to CCSO Referred to Engineering Referred to Utilities Meeting Other: Resolution/Result: Voluntary Compliance 2_ Action Pending Other: No Further Action Phone Call Warning Tag In -Person Court Referral Date entered into computer e/safety/insp/fomt/Complaint Form PROPERTY MAINTENANCE INSPECTION REPORT Date 8/20/2003 Address 13891 WEST 62ND STREET Aptartment Number F license Number 00-00036 Exterior Property Area All exterior property areas must be maintained in a clean, safe and sanitary condition. Building material not allowed to be stored outside. Exterior Structure Interior Structure 2nd floor rental unit -complying handrail required at stairs, kitchen DWV must be vented, ABS and PVC must have complying connections, master bedroom requires egress window. Basement rental unit -Okay. NOTE: ALL SLEEPING ROOMS REQUIRE A MEANS OF EGRESS. Rubbish and Garbage - Building materials not allowed to be stored outside. Extermination Conduct on Premises Okay. Miscellaneous All sleeping rooms require a means of egress Complying ( Non -Complying page_ of ChanhassenMultiple Dwelling Inspection Date AUGUST 20, 2003 Complex Name GARY CARLSON RESIDENCE Address 3891 WEST 62ND STREET Contact GARY CARLSON # Buildings Total # units Year built LOCATION UNIT# X REQUIRES IMMEDIATE ACTION Inspector # units Refer to Accompanied by Occasion Date 1. Push out tab and label your pictures. �( 2. Use only the tabs you need (3 Available). 3. Store envelope in a convenient photo box. W4w9"e" 1� i 644i�FXZW" CUSTOMER RECEIPT PLEASE READ > ring dry lengmc a ertcou.... .wiu .y wwgs data, el, wrdarse ar tlevlcel. Idm anti, slrtle ur -:,dove to this firm for any purpose wnstru es an AGREEMENT by you that if same Is damaged or Post by this •pany or any subsidiary, agent or maler, even though doe to mighgenw or other faunwill only "lle you ao acerrxmt won an equivalent amount of unexpusect photographic film, ekcbunic media. plus processing, regatlless y declaration, written Or otherwse Extort iar such reply tenrent. the acraptarae of the ewctimle media, imago. rn tile, card disc drove. film. turns slides or negative is without warranty or habhlty of any kind, and recovery for Aeotalo wnscquandal tlamagesordalmsisspecnwllvexcludnd Tn dvsrsdl Win film ark prints, like 'cd against any chango0 OPhotoTO a t � � ' yy�k�nS tagp`A lfsr 1✓,C-�, s i • Magazine Covers Piet • Sports Borders _ - ? • Holiday Cards "�c �_ • Calendars • Gift Tags • Borders 416594 APS Cassette No. Twin Check Name Addrt Phon Exp( TYp' ONE HOUR Prir Tim K i osk Fuj i (952)936-2144 1HR - 4x6 Instant Print from NI-1000-2 See reprint instructions inside. 02/10/2005 07:26 PM Store #1490 RODNEY Envelope #416594 PICKUP TIME, 02/10/2005 06:00 Pl1 4 11110111114111111111111111111 4 1 Don't S Film & Q 41 Print From Your Digital Camera Add A CD To Your Print Order fitvV7� Great Shots Make Great Gifts! Print Price: 4* may .- �r. ,l CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.05-09 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 15, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an after -the - fact variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District located at 3891 West 62°d Street. Applicant: Gary and Maureen Carlson. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on March 3, 2005) SCANNED CITY OF CHANHASSEN CITY OF CHANHASSEN 7700 MARKET BOULEVARD RECEIVED CHANHASSEN, MN 55317 (952) 227-1100 FEB 1 1 2005 VELOPMENT REVIEW APPLICAT CHANHA N LANNINGDEPT ry l APPLICANT: C. (< I �( � Sc N OWNER: e/ ' G v ✓ f T nJ ADDRESS: 1Q—IQc� /� ADDRESS: >( -f if //1AJ 31 TELEPHONE (Day Time) SLEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost' - $50 CUP/SPRNACNAR/WAP/MeteS & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box t1 Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 61/2" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: 0_0,V-t 5 J '`J v 6-V %) a'v e- LOCATION: O 9 � � So � ti c, � LEGAL DESCRIPTION: TOTAL ACREAGE: -5 • 5 Cl C — r- -:> WETLANDS PRESENT: YES V NO PRESENT ZONING: S REQUESTED ZONING: PRESENT LAND USE DESIGNATION: A / d [` ko — s -c , REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: / a (I O w In �y d r) T- �� A- I c `'\ (I V Y Y� P v _� c r S am Gt tr c Gt t 1 r v d`n, j G S i ! a.v C -t r This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. i Signatur of Applicant Signature of Fee Owner Application Received on Fee Paid V�414 - V 5 Date Date Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplan\forn s\Development Review Appliwtion.DOC C - a Gary D. Carlson 3891 West 62°a St. Excelsior, MN 55331 January 10, 2005 City of Chanhassen Chanhassen City Council and Planning Commission Re: Variance for two-family dwelling Dear Sirs: CITY OF CHANHASSEN RECEIVED FEB 1 1 2005 CHANHASSEN PLANNING DEPT The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1). There is demonstrated need based upon disability, age or financial hardship. Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her motor abilities. She is 22 years old and requires a full time caregiver which must be in living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in which Molly currently resides. These quarters are directly connected to Molly's living area They are currently occupied by her sister who is her county authorized Personal Care Attendant. If for any reason her sister can no longer provide the services as her PCA, this variance would allow someone else to live there and continue to meet Molly's needs. Also attached is a letter of further verification of Molly's disabilities from her county developmental disabilities case manager. Respectfully, 4&AZZ•C &14fht7J'L Carlson SCAI`4NED tva'S0 y�!r v CXWcounty 185S-2005 Community Social Services Human Services Building 602 East Fourth Street Chaska, Minnesota 55318-2102 Phone (952)361-1600 Fax (952)361-1660 February 10, 2005 Chanhassen City Council Chanhassen. MN 55317 RE: Molly Carlson Dear Chanhassen City Council: I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother & court -appointed guardian. -I am Molly's developmental disabilities case manager at Carver County Social Services. Molly has been on my case load since January of 2001. . She is 22 years old and has diagnoses of spastic quadriparetic cerebral palsy and borderline intellectual functioning. Molly's physical disability requires that she have 24- hour supervision and assistance for all of her activities of daily living & personal cares. She requires the availability of a personal care attendant/caregiver in close proximity of her except for very brief periods of time. If you have any questions for me, please obtain a signed release of information from Molly's guardian. I can be reached at 952-361-1616. Thank you. Sincerely, k�� a"Q Deb Andersen Developmental Disabilities Case Manager Carver County Social Services Foul 00pormiry Employer SCANNED Printed on 30% Pan -Consumer Recycled Paper !1. 15. 2003 11:40AM MANSFIELD TANICK CHN July 5, 1988 CITY OF CHANHASSEN $90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNES07A 55317 (512) 937-1900 Mr, Gary Carlson 3831 West 62nd Street Excelsior, MN 55331 Dear Mr. Carlson, It is my understanding that you your home since 1982. Section states that nonconforming uses 1987 may continue if not expand also provides that nonconformin altered if the "livability" of be advised though that if you d the home for one year, you cant Should you need further inf me. tea. .A4 BD/ca r.......: :.: a „Zir ���•r.G,'�.:.ti.?...r�,w`.'.`T4C�` - ..3.,+M+',Y,. ui... � � . Barbara Dacy City Planner RECEIVED JAN 15 2003 C%IiASSEN 1%,ECTIONS have been renting a portion of Qr71 or the Chanhassen City Code ,sting prior to February 19, d.,o�r enlarged. Section 20-74 (b) r4sidential units may be he 'knits is improved. Please scontinue renting a portion of t r•stablish the rental unit. ion, tilease feel free to contact 7700 Madu:t Boulevard PO Box147 Chanhassen, MN 55317 Administrallon Phone: 952.227.1100 Far 952.227.1110 Building Inspections Phone: 952.227.11 SO Fax: 952.227.1190 Engineering Phone:952M7.1160 Fax: 952.227.1170 Finance Phone:952.227.1140 Fax 952.227.1110 Park & Recreation Phone:952227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phoner 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone:952227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fat 952.227.1310 February 12, 2003 Mr. Gary Carlson f t : 3891 West 62nd Street Excelsior, MN 55331 Senior Center Phone: 952.227.1125 Fax:952.227.1110 Dear Mr. Carlson, Thank you for the opportunity to conduct an inspection of your home on January 28, 2003. I have also received a letter from your attorney dated January 30, 2003, which describes the use of your home. The code issues involving your home will be addressed in three parts: 1) Existing rental dwelling units on the south end of the building; 2) Dwelling units in the addition on the north end of the home; and, 3) Zoning Violations. 1) Rental dwelling units: south end of building: The two dwelling units on the south end of your home have been rented to tenants since approximately 1982. In 1988 the city determined that this: use, although non -conforming, could continue if the use was not expanded or enlarged. During the inspection, I found that the lower level unit had a living room, kitchen, bathroom and two moms that appeared to be bedrooms on the west side of the unit. These zooms did not have complying egress windows. There were no beds in these "rooms, the bed was located. in the living room, where you stated the tenant sleeps, The entrance/exit door was located in the living room. The upper level unit consisted of a living room, kitchen, bathroom and two bedrooms. The bedroom on the south side did not have a complying egress window; the bedroom to the north appeared to have a complying egress window. Web Site www.ci.chanhassen.mn.us These rental units are now required to be licensed in accordance with City Code Chapter 10 Article VII, which was recently adopted. As part of the licensing, the units must meet the requirements of the city's property maintenance code. You will be receiving information in the mail in the near future which will explain the licensing requirements and inspection process. The City of Chanhassen • A, growing community with clean lakes, puality schools, 3 charming downtown, thriving businesses, winding trails. and beautiful parks. A grut place to live, work, and play. Mr. Gary Carlson February 12, 2003 Page 2 Until such time that these units receive licenses and inspection approval, the three rooms identified above that do not have complying egress windows may not be used as sleeping rooms. To do so is in violation of city code. 2) Dwelline units, north end of buildine: There are two dwelling units in the addition on the north end of the home. Permits to construct the addition were obtained in 1996 and 1997. The permits were given final approval in April of 1999. At the time of final inspection, the lower and upper level portions of the addition were unfinished. Since that time, both the upper and lower levels of the addition have been finished, and are now dwelling units, with separate facilities for sleeping, eating, cooking and sanitation. The work was completed without obtaining the required permits. The construction does not meet the requirements of the building code for a multi -family building, and the lower level dwelling unit does not have complying egress windows. To occupy these units is a violation of the building code. Permit #0203322, which was issued to you on November 27, 2002, for finishing the lower level, is hereby revoked in accordance with UBC Section 106.4.5. The permit was issued based on information that was incorrect and therefore issued in error. Plans you submitted on January 31, 2003, cannot be approved, as the use is in violation of zoning regulations as outlined below. The lower level dwelling unit was vacant on January 28, 2003, and must remain vacant until such time that it is in compliance with city code. The dwelling unit on the upper level must be vacated by March 3, 2003, and must remain vacant until such time that it too is in compliance with city code. The zoning violations outlined below must be addressed before a determination can be made as to what is required to bring the upper and lower levels of the addition into compliance with the building code. I ask that you schedule an inspection for March 3, 2003, to verify that the units have been vacated as requested. You also must act within the same timeframe to resolve the zoning violations. If you do not respond as requested, this matter will be turned over to the City Attorney's Office for immediate action. 3) Zoning Violations: You were given a letter from the city in 1988 stating that the two dwelling units in your home were legal non -conforming. A legal non -conforming use by city code cannot be expanded, intensified, replaced, structurally changed or Mr. Gary Carlson February 12, 2003 Page 3 replaced except to lessen the non -conformity. (City Code 20-72). It is my interpretation that you have created a multi -family dwelling — a detached building containing three (3) or more units (City Code 20-1). With the addition to your non -conforming structure you are in violation of the city's zoning ordinance. Your property is zoned Residential Single Family which permits only one (1) Single Family detached dwelling unit. You must immediately cease the renting of your additional units. Your only relief from this requirement is to request a rezoning of your property (City Code Section 20-42). It is unlikely the staff would support a one lot rezoning in the middle of a single-family residential district. Or, you may request a zoning appeal (City Code Section 20-28(2)) if you believe that there has been an error in the decision or determination made by an employee. In this instance, it was our interpretation of your dwelling as a multi -family dwelling that is the violation of the city code. Again, you must stop renting the additional dwelling units immediately. Please contact me if you wish to pursue either option I have identified to resolve the zoning issue. My telephone number is 952-227-1137. If you have building code questions, contact Steve Torell at 952-227-1199. Sincerely, Kathryn R. nson Community Development Director S ven B. Torell Building Official pc: Roger Knutsen, City Attorney Robert Reid, Building Inspector Mark Littfin, Fire Marshal Mr. Gregory Miller, Mansfield Tanick & Cohen P.A. Property file: 3891 West 62°d Street g/safety/st/Itrs/occupancyNiolations/3891 62n' Street2 PROPERTY INFORMATION Complex Name PRIVATELY OWNED Company/Owners Name IGARY CARLSON Last Name �CARLSON First Name GARY .Initial Address 13ogi WEST 62ND STREET Cry EXCELSIOR ....� State MN i Zip Cod 55331- ' Work Phone (952) 474-3354 Fax Number Email Address Notes family home w/2 rental units, upper unit and basement unit 3 car attached garage, with carport- 2 hed garages. 2 story storage shed. 1 story shed. Playhouse. 2 horse stables/bams. Main building has 5 ate kitchen areas for 5 inividual living areas. Owner occupies one living area, daughter occupies one living one living area for guests, 2 living areas are rental dwelling units. Property Manager Name GARY CARISON __ _ _ Property Manager Phone(952) 4743354 Rental Space Address r3891 WEST 62ND STREET Apt. # 7 city 1EXCELSIOR State MN _ Zip Cod 55331- Tenant Phone Tenant Fax Number Tenant Email Name Date of Inspection DateIssued Notes 8/20/2003: acres. Horses. License Number r 00-00036 (NMy f'IM W4t T' / �rI/✓ �i'y -d _ Gr�/......y-.f"Q...�a Ar Q I � / 1 'r/El:a/ / Z z 1 \N \\ \\\ 1 1 a i d ' yts , 1 1tlI a / / � v // ' '/' 4 \/ "'`/ ~ • 1, ' n I n / 1 / / /• / P O o Qui > „') 2 n JU I h W I 1 > Q P/ �� 1 T I 1 r r ,• I P ` I O U r a `y t M 1 Yj r t p . 1 � p• � i __� \ N tn/ / // I / I Ilk / 1 , Carlson i2nd St IN S5311 td 0 TOWN ROAD -------------- hL - ." .• ray. � it.. '•� \\ —r i I — Is_ 's lit a' it 1 i -- �,' CITY OF CHANHASSEN RECEIVED it gar i � 1 1 2005 CHANHASSEN PLANNING DEPT - SCANNED City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 Date: February 15, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District located at 3891 West 62°d Street, Gary and Maureen Carlson. Planning Case: 05-09 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 11, 2005. The 60day review period ends April 12, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hail. We would appreciate receiving your comments by no later than March 4, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney C. City Park Director d. Fire Marshal e. Building OMcial f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint(United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other- Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62nd Sr. Subject Property a 0 gt Lak�Vi nia m y a P' wood Ce.1 i i C ,C ` en Cj G P.O O eNe Lake Minnewasht a m en o Ci A a rive c .a e a Gary D. Carlson 3891 West 62nd St. Excelsior, MN 55331 January 10, 2005 City of Chanhassen Chanhassen City Council and Planning Commission Re: Variance for two-family dwelling Dear Sirs: CITY OF CHANHASSEN RECEIVED FEB 1 1 2005 CHANHASSEN PLANNING DEPT The purpose of this letter is to provide further explanation as it relates to Sec. 20-59 (1). There is demonstrated need based upon disability, age or financial hardship. Our daughter Molly Carlson was born with Cerebral Palsy that has severely affected her motor abilities. She is 22 years old and requires a full time caregiver which must be in living quarters adjacent to hers. This is part of the addition we built in 1996-1997 in which Molly currently resides. These quarters are directly connected to Molly's living area. They are currently occupied by her sister who is her county authorized Personal Care Attendant. If for any reason her sister can no longer provide the services as her PCA, this variance would allow someone else to live there and continue to meet Molly's needs. Also attached is a letter of further verification of Molly's disabilities from her county developmental disabilities case manager. Respectfully, G Carls,/ 7our a arlson == Molly Carlson SCANNED �150 ygqrr �a b J cv wcoaty 185S-W Community Social Services Human Services Building 602 East Fourth Street Chaska, Minnesota 55318-2102 Phone (952)361-1600 Fax (952)361-1660 February 10, 2005 Chanhassen City Council Chanhassen, MN 55317 RE: Molly Carlson Dear Chanhassen City Council: RECEIVED FEB 11 2005 CITY OF CHANHASSEN I am writing this letter to you at the request of Maureen Carlson, Molly Carlson's mother & court -appointed guardian. I am Molly's developmental disabilities case manager at Carver County Social Services. Molly has been on my case load since January of 2001. . She is 22 years old and has diagnoses of spastic quadriparetic cerebral palsy and borderline intellectual functioning. Molly's physical disability requires that she have 24- hour supervision and assistance for all of her activities of daily living & personal cares. She requires the availability of a personal care attendant/caregiver in close proximity of her except for very brief periods of time. If you have any questions for me, please obtain a signed release of information from Molly's guardian. I can be reached at 952-361-1616. Thank you. Sincerely, kl�, Deb Andersen Developmental Disabilities Case Manager Carver County Social Services Equal Opportunity Employer SCANNED Printed on 30% Past -Consumer Recycled Pooer -------- - --------- ------------ -------------- 4- - -- --- - ------------ ---------- A7 t -9 CITY OF CHANHASSEN RECEIVED FE9 1 1 2005 CHANHASSEN PLANNING DEFT - SCANNED Mr. Gary C 3891 W 62 e -j arLson 3891 62nd St CIFS Notepad 99 t e tFxmiswor MN 55331 A p '#7 t Mr. rG son 38 V,l 6SV St &daim ISM 55331 Gary Carlson 1&61nd IL tL� td / ,/ �A• � ♦flp 1 HAbJ fsyf °w7 J'fcid4 - —'/— - 01 ""'r,r„q..•n...i Orosi/ f..�- (a4.e,07L10 4$ El:j' • _ Ell / 1 / r / / I '� / / /ap / >< y A / R ar T o• ' R N / I / / � / CD •�� r 1 1 I I ? I .. . ? Z 1 uQ .--I w m y O¢ 110, O z ` -All Ak—I 1 r 1 1 ! r Y / i / / � it / NLCA I / , O rO ' 1 VK I I 1 a \ 1 JEFFREY R BE & LAUREANA VOUNG BOUALOUANG BRIAN R CARLSON DENISNISE E ZOEL LL3884 MEADOW LN 3828 MEADOW CT 385E MEADOW LNN M EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 GARY CARLSON 3891 62ND ST W EXCELSIOR MN 55331 DAVID C & LISA A GAUPP 3870 MEADOW LN EXCELSIOR MN 55331 MARK F MACPHERSON 6301 CARTWAY LN EXCELSIOR MN 55331 RALPH A & SHIRLEY A NELSON 3800 MEADOW LN EXCELSIOR MN 55331 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD EXCELSIOR MN 55331 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 MEGAN J CARLSON C/O GARY & MAUREEN CARLSON 3891 62ND ST W EXCELSIOR MN 55331 JEFFREY F JEW ISON & LISA J W ECKW ERTH 3842 MEADOW CT EXCELSIOR MN 55331 WILLIAM J & KAKI L MCREAVY 3790 MEADOW LN EXCELSIOR MN 55331 ROBIN S O'MEARA 3814 MEADOW CT EXCELSIOR MN 55331 PETER ALEXANDER THOMSON & CYNTHIA L GESS 4001 ASTER TRL EXCELSIOR MN 55331 DALE H COLLINS 10758 130TH ST EXCELSIOR MN 55331 DALE E & LINDA J KEEHL 3841 62ND ST W EXCELSIOR MN 55331 PATRICK L & BONNIE C MONAHAN 3801 MEADOW LN EXCELSIOR MN 55331 KATHY A SCHURDEVIN 3921 ASTER TRL EXCELSIOR MN 55331 TERRANCE LANE TOLL 6250 CARTWAY LN EXCELSIOR MN 55331 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: February 15, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for an after -the -fact Variance to allow for use of a single-family dwelling as a two-family dwelling in Single -Family Residential (RSF) District located at 3891 West 62°d Street, Gary and Maureen Carlson. Planning Case: 05-09 The above described application for approval of a land development proposal was fled with the Chanhassen Planning Department on February 11, 2005. The 60-day review period ends April 12, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 15, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 4, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Location Map Carlson Variance Request 3891 West 62nd Street Planning Case No. 05-09 W. 62nd St. W. 62M St Subject Property m Lak�Vinia s y a �1 20 m � c c (� rodeo Cirge c f C� m Lake Minnewasht m e Ci m'e e /\ a rive a "TAA74 9LB Us l 7fo Y zx" s � Po/t t ce w r m \ 0 301 'f \ ■■ri %an,G N % V PAZ 0 � ` 2 i-5 -P 110 ��. ` Pole iY�a\crla - (♦� �,eL jyrn \ vo WGr I� \ \ Its In � 1 rr9.y fc — x — _ - x Application for Variance to allow a two family dwelling in the RSF district Conditions for us to use our single family dwelling as a two family dwelling: To allow my adult disabled daughter to have her personal care attendant available to provide the 24 hour assistance that she requires to remain in her home. Our dwelling will not change in outside appearance and our driveway will not change. Utilities will not change. There will be no effect to residents of our city or my neighborhood. SCANNED List of property owners within 500 feet of property boundary North West South East Hennepin County Railroad Authority City of Shorewood Kathy Schurdevin 3921 Aster Trail Excelsior, MN 55331 Mark Macpherson 600 3`d Ave. Excelsior, MN 55331 Dale Keehl 3841 West 62°d St. Excelsior, MN 55331 Terry Toll 6250 Cartway Lane Excelsior, MN 55331 SCANNED *ETAIL W/GL DIST RECEIPT REPORT Date: 02/15/05 FROM 00/00/0000 To 02/15/2005 Time: 12:08pm City of Chanhassen Page: 1 ---------------------------------------------------------------------------------------------------------------------------------------------------- Receipt i Drawer Post Date User Name Notes Customer Name Change Receipt Total Stat ---------------------------------------------------------------------------------------------------------------------------------------------------- 5777 EE 01/24/2005 BETTY VARIANCE 3891 W 62ND ST GARY CARLSON 0.00 250.00 W Receipt Type: DEVAP 3891 W 62ND ST Line Amount 250.00 GL Note: USE & VARIANCE GL Number: 101-1420-3602 Bank Code: CBA Amount: 200.00 GL Note: RECORDING PEES GL Number: 101-1420-3605 Bank Code: CRA Amount: 50.00 -------------- Receipt Total 250.00 Tender Information: Amount Code Description Reference 250.00 E Check 15613 -------------- 250.00 Total Tendered 0.00 Change 250.00 Receipt Total Cash Drawer BE Subtotal: 250.00 Grand Total (excl. voids): 250.00